Understanding Temporary Disability In Nevada (2026)
- Workers' Comp vs. Short-Term Disability
- Eligibility: When You Qualify for Temporary Disability Benefits
- Calculating Your Benefit Amount
- Filing a Claim: Steps for Workers’ Comp TTD and Short-Term Disability
- Medical Treatment, Work Status and Return-to-Work Limits
- Duration and Ending of Temporary Disability Benefits
- Common Issues: Denials, Misconduct and Multiple Jobs
- Vocational Rehabilitation and Long-Term Options
- Filing for Temporary Disability in Nevada
Summary
- Temporary disability helps you recover lost wages
- You can receive 66.66% of your average wages in Nevada
- Details like work status and rehabilitation are key factors to consider
If you’ve suffered an injury or illness that prevents you from working for the time being, one option you may have to cover your lost wages is to file for temporary disability. With help from a Nevada personal injury lawyer, you may be able to get the support you need to navigate this time.
Workers' Comp vs. Short-Term Disability
Nevada workers’ comp covers work-related injuries and illnesses by addressing your medical expenses and part of your lost wages. Short-term disability is a temporary income replacement option that pays a percentage of your regular income.
Unless they qualify for a workers’ comp exemption, most Nevada employers are required to carry workers’ compensation insurance. Keep in mind that workers’ comp only applies if you are injured at work or suffer a work-related occupational illness.
Short-term disability insurance, on the other hand, is optional. It pays part of your wages even if your injury was not work-related.
Eligibility: When You Qualify for Temporary Disability Benefits
To qualify for temporary disability in Nevada, you must have suffered injuries or illnesses that don’t allow you to return to work. You must have a certificate from your doctor stating that you can’t work in any capacity.
Calculating Your Benefit Amount
Typically, the amount you receive from temporary disability in Nevada is about 66.66% of your average monthly wage. However, these calculations are subject to a wage cap that is adjusted each year. For the year 2026, that cap is $8,202.80, which means that the maximum temporary total disability rate is $5,468.53.
Importantly, compensation for temporary disability is typically tax-free.
How Wages Are Calculated and Verified
Before your short-term disability insurance pays out, the insurance company must verify your wages. The wage verification process usually works like this:
- Your employer submits wage information through a wage verification form.
- Your average wage is calculated using your 12 weeks of work before the injury.
- You may request a 12-month calculation instead if the 12-week calculation isn’t representative.
- Tips can be included in the calculation only if you report them for tax purposes.
It’s generally wise to review your wage calculation for accuracy. If you believe that your wage calculation is inaccurate, you may dispute it with your W-2, check stub, tax return or other reliable documentation.
Filing a Claim: Steps for Workers’ Comp TTD and Short-Term Disability
To file a claim for workers’ compensation temporary total disability in Nevada, you must notify your employer within seven days of the injury, fill out the required paperwork and seek immediate medical care.
To apply for short-term disability, you must let your employer know of the illness or injury, obtain claim forms from them or your insurer and have your doctor fill out the certification part of the application.
Medical Treatment, Work Status and Return-to-Work Limits
You must follow all of the medical care required by your doctor. If you’re receiving temporary disability in Nevada, you are not allowed to work at another job at the same time. Once you return to work, the benefits end.
Light Duty and Modified Work Offers
If your employer extends a reasonable offer of light-duty or modified work, they usually do not have to give you temporary disability pay. To be considered valid, though, the temporary work position must meet these criteria:
- Have similar hours
- Have a similar wage and benefits
- Be in a similar location
For example, imagine you typically make $22 per hour stocking shelves at the grocery store. You have a shoulder injury, so your employer offers to let you work at a desk in the store office for $21 per hour. Their offer meets the criteria for a reasonable offer.
Now imagine that you’re in the same situation, but your employer tells you that you may work in the office at a store an hour away. Because the work is not in a similar location, you could reasonably argue that the employer’s offer is invalid.
If you refuse a valid offer of light-duty work, your benefits will probably end. However, if your employer makes an unreasonable offer, you have rights. First, consult with your treating physician and your workplace. It’s possible that your employer genuinely misunderstood your restrictions.
If your employer pressures you to accept a work offer that’s not within your restrictions, though, contact an employment lawyer for guidance on what to do next.
Duration and Ending of Temporary Disability Benefits
Temporary disability benefits will end when a doctor states that you are able to work, your condition has stabilized or you can apply for vocational benefits.
Common Issues: Denials, Misconduct and Multiple Jobs
You can be denied temporary disability if you don’t present enough evidence. Additionally, if you’re let go from the job because of misconduct, you are not eligible for these benefits.
You can also have a much harder time obtaining temporary disability in Nevada if you have multiple jobs. The process requires calculating the wages you make from all your jobs and getting about 66.66% of the average, so if you don’t report that you have other jobs to the insurer, you can be charged with fraud.
Vocational Rehabilitation and Long-Term Options
Vocational rehabilitation can help you retrain to get another job or return to your previous one.
Filing for Temporary Disability in Nevada
If you’ve been hurt and can’t work, hiring a lawyer to help you file for temporary disability is essential. Not sure how to find a lawyer? At ConsumerShield, we can connect you with leading local attorneys in your area. Fill out our easy contact form to start with a free case review today.
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Frequently Asked Questions
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Yes, you must begin a workers’ comp claim first.
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Yes, you must be unable to earn full wages for five consecutive days or five days in a 20-day period.