Temporary Disability in Nevada workers’ compensation cases

Nevada workers injured on the job are entitled to temporary disability benefits for time missed from work while recovering from an occupational injury. Temporary disability requires the certification from a doctor that the injured worker has work restrictions or cannot work for a certain period.

To qualify for temporary disability, an injured worker must be off work for five days within a twenty-day period.

Temporary disability is paid at two-thirds of an employee's average monthly wage up to a maximum of $3,802.17.

Temporary disability ends when:

  • a doctor determines the employee is able to work
  • the employee's condition is stable
  • the employee is offered light duty or modified work

An injured worker can receive limited temporary disability when attending medical appointments.

Temporary partial disability is paid when an injured worker cannot work full time. It is the difference between the temporary disability rate and what the injured worker is earning working part-time.

An employee let go for misconduct cannot receive temporary disability.

In this article our Las Vegas Nevada workplace injury attorneys will explain:

nevada worker backpain workplace injury
Nevada injured workers are entitled to temporary disability benefits for time missed from work while recovering from an injury.

1. Nevada temporary disability benefits

Temporary disability pays injured workers for time lost from work due to an injury. It is based on a percentage of the employee's salary. It is meant to be temporary, available while the worker recovers from the injury.

An injured worker must file a claim for workers' compensation benefits to obtain temporary disability.

Temporary disability is one of a group of benefits available to injured workers. Other benefits include permanent disability, mileage reimbursement, vocational rehabilitation, and death benefits.

Temporary disability and permanent partial disability cannot be paid at the same time.1

2. How to qualify for temporary disability

An injured worker obtains temporary total disability based on a doctor's certification. The certification must include:

  • the period of disability
  • a description of the injured worker's physical limitations and restrictions
  • if the restrictions are permanent or temporary
  • the signature of the doctor or chiropractor2

All injured workers can qualify for temporary disability, including police officers and firefighters.

Example: Ian is a hotel assistant manager and is injured at work. His doctor signs a form saying that Ian cannot work for the next three weeks because he is restricted from repetitive standing and sitting.

2.1. Minimum temporary disability period

Temporary disability is only paid if an injured worker is prevented from earning full wages due to an injury for five consecutive days or five days within a twenty-day period.3 4

Example: Sofia misses three days of work due to a work injury. She then works for the next three weeks.

She is not entitled to temporary disability because she did not miss five days within a twenty-day period.

3. Temporary total disability calculation

Temporary total disability is paid at a rate of 2/3 of a worker's average monthly wage.5 The first payment is made within 14 days of being certified for disability.6

It is not paid while an injured worker is incarcerated.7 An employee who is temporarily disabled cannot be unemployed and receive unemployment benefits at the same time.8

3.1. Wage information

With the initial payment of temporary disability, the employer should provide an Explanation of Wage Calculation to the injured employee.9 An insurance adjuster will calculate the average monthly wage using a Wage Calculation form.

The insurance company will obtain wage information from the employer on the Employer's Wage Verification Form.

The employee can dispute the wage calculation with documentation such as a W-2, check stub, or income tax return.

The form notes that the average is calculated based on a twelve-week period prior to the injury. The limit is 150% of the state's average monthly wage.

For 2018, Nevada's average monthly wage limit is $5,703.26, which makes the maximum temporary total disability rate $3,802.17 per month.10

The employer can also request that the injured worker fill out a form requesting further temporary total disability.

modified or light duty work nevada workers' compensation
An employer can offer the employee modified or light duty work within the restrictions given by a doctor to avoid payment of temporary disability.

4. Employer response to temporary disability certification

An employer can offer the employee modified or light duty work within the restrictions given by a doctor to avoid payment of temporary disability.

The position must:

  • be in a similar location
  • have similar hours
  • have a similar wage11
  • have similar benefits12

Example: Melanie is injured at work. Her doctor says she cannot lift more than 5 pounds.

Her employer offers her work within the restrictions. It is in the same location, with the same hours, and at the same pay as her regular job.

Since the employer offered Melanie modified work duties, she is not eligible to receive temporary disability benefits.

5. Ending of temporary total disability

Nevada temporary total disability will end when:

  • a doctor or chiropractor decides the employee is able to work
  • the employer offers light or modified duty within the restrictions of the doctor or chiropractor
  • the injured worker's condition has stabilized.
  • the injured worker is incarcerated
  • when the worker is considered eligible for vocational rehabilitation benefits13

Example: Lucas has been receiving temporary disability for six weeks. His doctor has decided that Lucas condition has stabilized.

Lucas' temporary disability payments stop at the time his injury is determined to be stable.

6. Temporary total disability and medical treatment

An injured worker who is off work on temporary total disability and then returns to work may be entitled to further temporary disability payments for medical treatment if the:

  • treatment is located more than 50 miles from the place of employment.14

The injured worker is entitled to a minimum of four hours of temporary partial disability if he or she misses up to a half day and eight hours of disability pay for missing a full day for a medical appointment.15

The employer cannot require the injured worker to use sick or personal leave for this medical treatment.16

7. Temporary total disability and vocational rehabilitation

If the temporary total disability is paid for more than 90 days, the injured worker or Nevada employer can request a vocational rehabilitation counselor to prepare a report on the employee's ability to:

  • return to the same job
  • return to other employment17

8. Work and temporary total disability

An injured worker who is receiving temporary total disability cannot work at another job at the same time.

Any employer that knowingly offers employment or continues to employ a worker who is receiving temporary total disability from another employer is guilty of a misdemeanor.18

9. Temporary partial disability

Temporary partial disability is paid for up to twenty-four months.19

The amount of temporary disability is paid at the difference between the amount earned after the injury and the temporary total disability rate.20 It is calculated using Form D46.21

Example: Maggie injures her wrist at work. Her doctor puts her on light duty and said she can only work sixteen hours a week instead of forty. Maggie earns $10 an hour.

Maggie is entitled to temporary partial disability of $107 a week. It is the temporary total disability rate of $267 ($400 a week * 2/3) less $160 (16 * $10).22

10. No temporary disability if let go for misconduct

An employer will not have to pay temporary total disability if an employee:

  • is discharged only for the misconduct and not for anything to do with the work injury, and
  • being discharged is the only reason the employee cannot return to work23

An insurance company must decide whether to pay temporary disability within 70 days of learning the employee has been let go for misconduct.24

Example: Josh is Nevada police officer with a workers compensation case. He is put on temporary total disability by his doctor. Josh is then fired for stealing from the company.

Although Josh was discharged only for stealing, the reason he can't work is due to his injury. He is entitled to temporary total disability because he also can't return to work due to his injury.

11. Temporary disability during injury recovery period

Temporary disability benefits are available to an injured worker during the time he or she is recovering from a work injury.

The recovery period will very likely include medical treatment. At the end of the medical treatment, temporary disability benefits will stop, and the injured worker will be able to return to work or be in a permanent condition to obtain new employment.

Call us for help...

Nevada workers compensation attorneys
Call us at 702-DEFENSE

If you or someone you care about was injured at work in Nevada, our injury lawyers can help you file a workers compensation claim, reopen a workers compensation claim or appeal a denial of workers compensation coverage. (For cases in California, please visit our page on temporary disability in California workers' compensation cases.)

For a free consultation to discuss your case simply fill out the form below or call us at 702-DEFENSE (702-333-3673).

Legal References:

  1. Nev. Rev. Stat. § 616C.405

  2. Nev. Rev. Stat. § 616C.475(7)

  3. Nev. Rev. Stat. § 616C.400

  4. Nev. Rev. Stat. § 617.420

  5. Nev. Rev. Stat. § 616C.475(1)

  6. Nev. Rev. Stat. § 616C.475(3)

  7. Nev. Rev. Stat. § 616C.475(2)

  8. Nev. Rev. Sat. § 612.185(3)(b)

  9. Nev. Admin Code § 616C.520

  10. http://dir.nv.gov/uploadedFiles/dirnvgov/content/WCS/ImportantDocs/MaxCompMemoFY18.pdf

  11. Nev. Rev. Stat. § 616C.475(8)

  12. Nev. Rev. Stat. § 616C.475(8)

  13. Nev. Admin. Code § 616C.577

  14. Nev. Rev. Stat. § 616C.477

  15. Nev. Admin. Code § 616C.522

  16. Nev. Rev. Stat. § 616C.477(3)

  17. Nev. Rev. Stat. § 616C.550

  18. Nev. Rev. Stat. § 616D.320

  19. Nev. Rev. Stat. § 616C.500(2)

  20. Nev. Rev. Stat. § 616C.500(1)

  21. Nev. Admin. Code § 616C.598

  22. See Amazon.com v. Magee (2005) 121 Nev. 632, 119 P.3d 732.

  23. Nev. Rev. Stat. § 616C.232(1)

  24. Nev. Rev. Stat. § 616C.232(2)

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