Workers’ Comp Changes in Nevada (Fiscal Year 2023)

When you’re hurt at work, it can be confusing to know what to do next. But the workers’ compensation system is there to help cover expenses, medical care, and a portion of your wages if you suffered an injury or illness while performing your job duties.

However, there are new rules regarding workers’ compensation and how much you may be eligible to receive in Nevada. Our Las Vegas workers’ compensation attorneys share what you need to know about these changes effective July 1, 2022.

Filling out Nevada Workers Compensation Form

Are Nevada employers required to have workers’ compensation coverage?

Yes. With very few exceptions, the state of Nevada requires that all employers have workers’ compensation insurance coverage. The law also mandates that all benefit types and the calculation of benefits are the same for every employer regardless of which insurance company or provider they use. Workers’ compensation insurance can be provided through:

  • Self-insured employers
  • Self-insured employer groups or associations
  • Private insurance companies

Injured at work? Our Nevada workers’ comp attorneys can help you get the maximum amount for your claim. Contact us now.

Did workers’ compensation benefits change in Nevada?

Workers’ comp pay rates in Nevada are based on a worker’s average monthly wage. The average monthly wage changes periodically and applies to fiscal years. For the fiscal year 2023, the Nevada Department of Employment, Training, and Rehabilitation (DETR) has confirmed that the average weekly wage in Nevada is $1,125.45. This number is up from fiscal year 2022 when the average weekly wage was $1,066.64.

In addition to workers’ comp disability rates, the mileage reimbursement rate for injured employees traveling to access medical care has gone up for fiscal year 2023.

What is the new maximum average monthly wage in Nevada?

What does the increase in the average weekly wage mean? If you’re injured at work and are claiming workers’ compensation benefits, you’ll be able to get more in fiscal year 2023 based on the higher average weekly wage.

As explained in workers’ comp law Nevada Revised Statutes 616A.065, the maximum average monthly wage is based on 150% of the state’s average weekly wage multiplied by 4.33. Starting July 1, 2022, the average monthly wage used to compute the maximum disability compensation is:

$1,125.45 x 150% x 4.33 = $7,309.80

What is the new maximum disability compensation?

According to the State of Nevada Department of Business & Industry, the maximum disability compensation for a work-related injury or illness in Nevada is 66 ⅔ % of whatever the average monthly wage is for that fiscal year. You can find this in NRS 616A.065 and NRS 616C.475.

Based on the new average weekly wage in Nevada, the maximum monthly wage is $7,309.80. Your maximum disability compensation is 66 ⅔ % of either that number or your actual earned wage if it was less than $7,309.80 per month. The maximum amount you can receive in disability compensation in Nevada starting July 1, 2022, is:

$7,309.80 x 66 ⅔ % = $4,873.20

Here is the breakdown of the new maximum compensation:

  • Per month: $4,873.20
  • Bi-weekly (14 days): $2,241.26
  • Per week: $1,120.63
  • Per day: $160.09

Do these changes affect both temporary disability benefits and permanent disability benefits?

Yes, the changes to the new average weekly wage and maximum compensation numbers will affect temporary disability benefits and permanent disability benefits. Workers’ compensation claims are calculated using the updated average weekly wage for the fiscal year to determine the cap on payments an injured worker can collect.

However, it’s important to understand that you are not able to receive more than one benefit in the same time period for the same workers’ comp claim. For example, you cannot get temporary total disability (TTD) and permanent partial disability (PPD) benefits at the same time.

Temporary Total Disability

If you have TTD, your injury or illness temporarily prevents you from performing your job duties. TTD benefits compensate for lost wages while you recover at the rate of 66 ⅔ % of your average monthly wage.

Permanent Partial Disability

PPD benefits are based on permanent impairments determined by a qualified medical provider. The workers’ comp insurance provider will usually offer a lump sum settlement based on:

  • Percentage of disability rating
  • Average monthly wage
  • The age of the injured employee
  • Whether the individual received TTD payments already

Permanently injured workers should also have access to vocational rehabilitation if they’re unable to return to their pre-injury job. The type and length of the training program depend on the percentage of permanent impairment determined by the medical provider.

We’ll fight for you. Schedule a free consultation with our Nevada workers’ comp lawyers. Contact us.

Gavel and Scale Photo

What is the new mileage reimbursement rate for an injured employee?

Some injured workers must travel several miles to see their medical provider to receive treatment. For these individuals, travel expenses may be reimbursed if they meet the mileage reimbursement qualifications:

  • Must drive 20 miles or more (one way) to get to their medical provider
  • Alternatively, must drive 40 or more miles within one week
  • The reimbursement request is sent within 60 days of the travel date

In Nevada, standard mileage reimbursement for an injured employee must be equal to the mileage allowance for state employees. That rate increased from 58.5 cents per mile to 62.5 cents per mile starting July 1, 2022, and will apply to the fiscal year 2023.

Contact Our Nevada Workers’ Compensation Lawyers

If you were injured on the job and need help claiming workers’ compensation benefits, our experienced lawyers are ready to help. Contact our team to schedule a free consultation to learn more about your rights as an employee and what your claim may be worth. We know workers’ compensation laws and what steps to take to get the maximum compensation for your claim.

Sources:

State of Nevada Department of Business & Industry. Division of Industrial Relations. (12 July 2022). Average Monthly Wage, Fiscal Year 2023.

State of Nevada Department of Business & Industry. Division of Industrial Relations. (11 July 2022). Mileage Reimbursement Change.

State of Nevada Department of Business & Industry. Nevada Attorney for Injured Workers (NAIW)

State of Nevada Department of Business & Industry. Division of Industrial Relations. Important Changes.

NRS 616A.065

NRS 616C.475