Omid Shamim, Attorney at Law

By Omid Shamim, Attorney at Law · Personal Injury & Workers’ Compensation · Last updated July 5, 2026

The short answer: Nevada workers’ compensation is valued by formula, not negotiation. Your case is the sum of your medical care, wage-replacement checks (66 2/3% of your average monthly wage), and — for permanent injuries — a PPD award built from three numbers: your wage, your impairment rating, and an age number from the state’s annuity table. Pain and suffering is not part of a Nevada workers’ comp award.

If you’ve been hurt on the job in Nevada, one of the first questions on your mind is simple: what is my case actually worth? The honest answer is that Nevada workers’ compensation is not like a personal injury lawsuit, where a jury decides what your suffering is worth. It is a formula-driven system governed by NRS Chapters 616A through 616D (the Nevada Industrial Insurance Act) and NRS Chapter 617 (the Nevada Occupational Diseases Act). Your case value comes down to a handful of numbers — and if any one of those numbers is wrong, your entire award is wrong.

The Foundation: Your Average Monthly Wage (AMW)

Every dollar figure in your claim starts with your average monthly wage at the time of injury, calculated under NRS 616C.420–616C.447. This includes more than your base pay — overtime, tips, bonuses, commissions, sick and vacation pay, and even the value of meals or lodging can count. If you worked a second job, your concurrent wages may count too.

Nevada caps the AMW at 150% of the statewide average weekly wage, multiplied by 4.33 (NRS 616A.065). The cap adjusts every July 1:

  • Injuries on or after July 1, 2026 (FY 2027): maximum AMW of $8,537.68, which makes the maximum compensation rate $5,691.79 per month.
  • Injuries between July 1, 2025 and June 30, 2026 (FY 2026): maximum AMW of $8,202.80.

Your rate is locked in based on your date of injury. Later increases don’t apply to your claim.

Why this matters: insurers frequently miscalculate the AMW — leaving out overtime, tips, bonuses, or a second job. Because every benefit below is a percentage of this number, an AMW error quietly shrinks your entire case. It is the first thing I check on every claim.

The Benefits That Make Up Your Case Value

A Nevada workers’ comp case isn’t one check — it’s a bundle of separate benefits:

1. Medical treatment. All reasonable and necessary care for your industrial injury, paid by the insurer, with no co-pays or deductibles. Don’t overlook this — for serious injuries, lifetime medical rights can be worth more than the cash benefits.

2. Temporary Total Disability (TTD). If your doctor takes you completely off work (or your employer can’t accommodate your restrictions), you receive 66 2/3% of your average monthly wage while you recover (NRS 616C.475). For a FY 2027 injury, that maxes out at $5,691.79 per month.

3. Temporary Partial Disability (TPD). If you return on light duty at lower pay, TPD makes up part of the difference, for up to 24 months (NRS 616C.500).

4. Permanent Partial Disability (PPD). This is the “award” most injured workers are asking about when they ask what their case is worth — covered in detail below.

5. Permanent Total Disability (PTD). For the most catastrophic injuries, monthly benefits that can continue for life.

6. Vocational rehabilitation. If permanent restrictions prevent you from returning to your old job and your employer has no suitable position, you may be entitled to retraining or a vocational rehab lump-sum buyout.

7. Death benefits. If a worker is killed on the job, dependents may receive burial expenses and ongoing compensation (NRS 616C.505).

The PPD Award: How Your Final Number Is Calculated

This is the section to read twice. The PPD award is the money most people mean when they ask, “What is my case worth?”

When your doctor says you are done healing, a rating doctor examines you and gives you an impairment rating — a percentage that measures your permanent injury (this is called your “whole person impairment,” or WPI). The rating doctor must use the AMA Guides, 5th Edition — the rulebook Nevada requires.

Your award comes from just 3 numbers

1. Your wage. Your average monthly wage (AMW) before the injury.

2. Your rating. Your impairment percentage (WPI) from the rating doctor.

3. Your age number. The State of Nevada publishes a table each year (the actuarial annuity table). You find your age on the table, and it gives you a number. The younger you are, the bigger your number — because your payments would have lasted longer.

The math, step by step:

Step 1: Wage × Rating × 0.6% = your monthly amount

Step 2: Monthly amount × your age number = your lump-sum award

That’s it. Wage, rating, age. Every one of those three numbers can be wrong — the wage can be calculated too low, the rating can miss injured body parts, and the insurer’s math can contain errors. If any one is wrong, your award is wrong. That is why I check all three on every claim.

(One more rule to know: if you had an old rating to the same body part from a past injury, the old percentage gets subtracted from the new one.)

Lump Sum vs. Installments

Most injured workers don’t want a small check every month until age 70 — they want the money now. NRS 616C.495 controls when that’s allowed:

  • Rating of 30% or less: you may elect to take the entire award in a lump sum.
  • Rating over 30%: you may take a lump sum on the first 30%, with the remainder paid in installments.

Here’s the part insurers rarely explain well: the lump sum is not simply your monthly payment multiplied by the number of months. It’s the present value of that stream of payments, discounted using actuarial annuity tables the Division updates each July 1 based on IRS mortality tables and the 30-year Treasury rate. Your age at the time of election matters — a younger worker has more future months to discount, so the reduction is larger. The statute does set a floor: the total lump sum can’t be less than one-half of your AMW multiplied by your disability percentage.

Take the lump sum decision seriously. Accepting a lump sum is a final settlement — it terminates your other compensation benefits on the claim and waives most appeal rights. You get a 20-day window to retract after making the demand. The one important safety valve: Nevada lets you petition to reopen a closed claim if your condition genuinely worsens and a doctor connects the worsening to the original injury (NRS 616C.390).

What About Pain and Suffering?

Nevada workers’ compensation does NOT pay for pain and suffering.

NRS 616C.490(6) says it in black and white — with narrow exceptions, no factors other than the degree of physical impairment of the whole person may be considered in calculating a PPD award. Your sleepless nights, your inability to pick up your kids, the anxiety and frustration of a long recovery — the workers’ comp formula assigns them no dollar value. That’s the trade-off built into the system: you get benefits without having to prove your employer did anything wrong, but in exchange, workers’ comp is generally your exclusive remedy against your employer (NRS 616A.020), and non-economic damages are off the table.

But that is not always the end of the story. If someone other than your employer or a co-worker caused your injury, you may have a separate third-party personal injury claim — and in that lawsuit, pain and suffering, emotional distress, and full lost earnings are all recoverable. Common examples I see in Las Vegas and Henderson:

  • You’re driving for work and another motorist hits you
  • A subcontractor or another company’s employee on a job site causes your injury
  • Defective machinery, tools, or equipment injure you
  • A negligent property owner (other than your employer) is responsible

You can pursue the workers’ comp claim and the third-party case at the same time. Be aware that under NRS 616C.215, the workers’ comp insurer gets a lien on your third-party recovery for benefits it paid — handling that lien correctly (and negotiating it down) is a big part of maximizing what actually ends up in your pocket. This is exactly where having one attorney who handles both workers’ compensation and personal injury pays off, because the two cases have to be coordinated, not run in silos.

What Can Raise — or Quietly Lower — Your Case Value

A wrong average monthly wage. Missing overtime, tips, bonuses, or concurrent employment. Nevada law gives you a procedure to challenge the wage calculation, but deadlines are short.

A low impairment rating. Ratings are not final. If you disagree, you can request a second rating from another physician selected at random from the DIR list (NRS 616C.100). You front the cost, but if the second rating comes back higher, you can seek reimbursement — and the higher rating can add real money. Separately, you can also request an independent medical examination (IME) under NRS 616C.145(5) — there, the insurer pays for the exam up front, though it may recover the cost from your award if the new rating doesn’t come back higher.

Missed body parts. The rating must account for every body part injured in the accident. Insurers love to quietly limit the claim to one body part.

Accepting the first lump-sum offer without checking the math. The insurer’s calculation depends on your rating, your AMW, your age, and whether TTD was paid. If one input is wrong, the offer is wrong.

So — What’s the Bottom Line Number?

There is no “average settlement” chart, and anyone who quotes you one without knowing your wage, your rating, your age, and your medical picture is guessing. But the honest framework is this:

Your case value = correct AMW × correct impairment rating × the statutory formula, plus your temporary disability benefits, medical care, and any vocational rehab — plus, if a third party is at fault, a separate personal injury claim where pain and suffering is finally on the table.

My job is to make sure every one of those inputs is right, that nothing is left off the table, and that you don’t sign away a final settlement for less than the law entitles you to.

Frequently Asked Questions

Does Nevada workers’ comp pay for pain and suffering?

No. PPD awards are based solely on your physical impairment percentage and average monthly wage under NRS 616C.490. Pain and suffering is only recoverable in a separate third-party personal injury claim if someone other than your employer caused the injury.

How is a PPD award calculated in Nevada?

Three numbers: your average monthly wage, your impairment rating, and an age-based number from the state’s annuity table. Your wage × rating × 0.6% gives your monthly amount, and your monthly amount × your age number gives your lump sum. Ratings must use the AMA Guides, 5th Edition.

Can I take my award as a lump sum?

Yes, if your rating is 30% or less you can take the full award in a lump sum; over 30%, you can take up to the first 30% as a lump sum with the balance in installments. Lump sums are reduced to present value based on your age and current actuarial tables.

What if I think my impairment rating is too low?

You can request a second rating from a randomly assigned physician on the DIR list (NRS 616C.100), or an independent medical examination under NRS 616C.145(5). If the new rating is higher, you may be reimbursed the cost and paid on the higher percentage.

Can I reopen my claim after it closes?

Yes. Nevada allows reopening if your condition worsens and a physician certifies the worsening is related to your industrial injury (NRS 616C.390).

Hurt on the job in Nevada?

Don’t let the insurer do the math alone. I’ll review your wage calculation, your rating, and whether a third party owes you more — at no cost to you. When you’re in need, call Omid.

No fee unless you recover.

Attorney advertising. This page is for general information only and is not legal advice and does not create an attorney-client relationship. Benefit rates are set by date of injury and change every July 1; the figures above reflect fiscal year 2027 (injuries on or after July 1, 2026). Prior results do not guarantee a similar outcome. Omid Shamim practices at David Boehrer Law Firm.

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