This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in your state.
Quick Answer: Nevada Workers’ Comp Weekly Benefit
In Nevada, workers’ comp pays 66.67% of your average weekly wage (AWW), up to the current state maximum — approximately $756/week for 2025–2026 (66.67% of Nevada’s State Average Weekly Wage of ~$1,134). Your minimum benefit is not a flat dollar amount; it is simply 66.67% of whatever your actual AWW is, with no statutory floor for most workers. The benefit is called Temporary Total Disability (TTD) and is calculated from your wages in the 12 weeks immediately before your injury.
⚠️ Verify the current SAWW and maximum weekly benefit directly with the Nevada Division of Industrial Relations (DIR) before making any financial decisions. These figures update annually on July 1.
From Shane: Living on 66.67% Is Harder Than It Sounds
I know what it feels like to open that first workers’ comp check and stare at a number that’s almost exactly one-third smaller than your normal paycheck. After my 2015 injury, I thought that gap was livable. It wasn’t. I was behind on rent by week six. What makes Nevada’s system particularly brutal is how quietly the insurer can manipulate your AWW calculation — shaving $40 or $50 per week off a number you never verified yourself. Over a 26-week claim, that’s $1,040–$1,300 gone. I didn’t catch it in 2015. I did in 2019, because by then I knew exactly where to look. This page teaches you exactly what I learned.
The Exact Nevada Calculation Formula
Nevada workers’ comp weekly benefits are governed by NRS Chapter 616C, specifically NRS 616C.475 and 616C.477.
Step 1: Calculate Your Average Weekly Wage (AWW)
AWW = Total gross wages earned in the 12 calendar weeks immediately preceding the injury ÷ 12
Important: Nevada uses the 12 weeks before injury — not the last 12 weeks you worked. If you had unpaid time off in that window, those weeks still count. If you worked fewer than 12 weeks at the job, use however many weeks you did work.
Step 2: Calculate Your Weekly Benefit (TTD Rate)
Weekly TTD Benefit = AWW × 0.6667
Step 3: Apply the Maximum Cap
If your calculated benefit exceeds the state maximum (approximately $756/week in 2025–2026), your benefit is capped at the maximum.
How Overtime, Bonuses, and Second Jobs Are Handled
| Income Type | Included in AWW? | Notes |
|---|---|---|
| Regular hourly wages | ✅ Yes | All gross hours paid |
| Overtime pay | ✅ Yes | Full OT wages included per NRS 616C.475 |
| Tips (reported) | ✅ Yes | Must be documented and reported to employer |
| Shift differentials | ✅ Yes | Part of gross wages |
| Bonuses (regular/scheduled) | ✅ Yes | If paid within the 12-week window |
| Bonuses (discretionary, one-time) | ⚠️ Disputed | Insurers often exclude these — fight back if it was expected |
| Second job wages | ✅ Yes | If employer knew you had a second job OR injury affects that job |
| Self-employment income | ⚠️ Partial | Must be documented; often undervalued |
| Employer-provided housing/meals | ⚠️ Sometimes | Included if it has a determinable cash value |
Shane’s Note on Second Jobs: Nevada follows a modified rule — if your primary employer knew you worked a second job, or if the injury prevents you from doing the second job, that income must be included. I cannot stress this enough: document every income stream before you file.
Nevada Workers’ Comp Weekly Benefit Table
Based on 66.67% benefit rate. Benefits capped at ~$756/week (verify current maximum with DIR). All figures rounded to nearest dollar.
| Gross Weekly Wage | 66.67% Benefit | Capped? |
|---|---|---|
| $300 | $200 | No |
| $400 | $267 | No |
| $500 | $333 | No |
| $600 | $400 | No |
| $700 | $467 | No |
| $800 | $533 | No |
| $900 | $600 | No |
| $1,000 | $667 | No |
| $1,100 | $733 | No |
| $1,134 (approx. SAWW) | $756 | At Cap |
| $1,200 | $756 | ✅ Capped |
| $1,300 | $756 | ✅ Capped |
| $1,400 | $756 | ✅ Capped |
| $1,500 | $756 | ✅ Capped |
| $1,600 | $756 | ✅ Capped |
| $1,700 | $756 | ✅ Capped |
| $1,800 | $756 | ✅ Capped |
| $1,900 | $756 | ✅ Capped |
| $2,000 | $756 | ✅ Capped |
| $2,100 | $756 | ✅ Capped |
| $2,200 | $756 | ✅ Capped |
| $2,300 | $756 | ✅ Capped |
| $2,400 | $756 | ✅ Capped |
| $2,500 | $756 | ✅ Capped |
| $2,600 | $756 | ✅ Capped |
| $2,700 | $756 | ✅ Capped |
| $2,800 | $756 | ✅ Capped |
| $2,900 | $756 | ✅ Capped |
| $3,000 | $756 | ✅ Capped |
The approximate maximum weekly benefit figure of $756 is based on 66.67% × ~$1,134 SAWW. The Nevada DIR updates this figure on July 1 each year. Verify the active maximum at dir.nv.gov.
What the Law Says vs. What Actually Happens
The Law Says:
All gross wages — including overtime — in the 12 weeks before your injury are included in your AWW calculation.
What Often Happens:
Insurers and third-party administrators (TPAs) systematically miscalculate AWW in the following ways:
1. Excluding overtime weeks. An adjuster uses only your “base” wage, ignoring weeks where you earned significant overtime. If you regularly worked 50-hour weeks, this is a significant underpayment.
2. Using the wrong 12-week window. Some adjusters count backward from your last day worked, not from the date of injury. These are not always the same date.
3. Missing the second job. If you have side income and the adjuster doesn’t ask, they won’t include it. You must proactively document it.
4. Misclassifying regular bonuses as discretionary. A quarterly safety bonus you’ve received every quarter for three years is not discretionary — it’s expected compensation.
How to Catch It:
- Pull your own pay stubs for the 12 weeks before injury.
- Calculate your own AWW using the formula above.
- Compare it to what appears on your C-3 claim form or your first TTD check stub.
- If the numbers don’t match, file a written dispute immediately.
Under NRS 616C.065, you have the right to request your claims file. Do it. The AWW calculation should be in there. If it isn’t, that’s itself a red flag.
Real Case Example: Fluctuating Hours + Overtime
Worker: Marcus T., heavy equipment operator, Las Vegas construction site. Injured his back on a Monday in week 13 of employment.
His 12-Week Wage History:
| Week | Regular Pay | Overtime Pay | Gross Weekly Total |
|---|---|---|---|
| 1 | $960 | $0 | $960 |
| 2 | $960 | $288 | $1,248 |
| 3 | $960 | $432 | $1,392 |
| 4 | $960 | $144 | $1,104 |
| 5 | $960 | $0 | $960 |
| 6 | $960 | $360 | $1,320 |
| 7 | $960 | $504 | $1,464 |
| 8 | $960 | $288 | $1,248 |
| 9 | $960 | $432 | $1,392 |
| 10 | $960 | $0 | $960 |
| 11 | $960 | $216 | $1,176 |
| 12 | $960 | $360 | $1,320 |
| Total | $14,544 |
Correct AWW: $14,544 ÷ 12 = $1,212.00
Correct TTD Benefit: $1,212 × 0.6667 = $807.84 → Capped at ~$756/week
What the insurer initially paid: $960 × 0.6667 = $640/week (they used only base pay, excluding all overtime)
Underpayment per week: $756 − $640 = $116/week
Underpayment over a 20-week claim: $2,320
Marcus filed a formal dispute with the Nevada DIR’s Hearings Division under NRS 616C.305. His attorney submitted 12 weeks of pay stubs. The underpaid amount was recovered plus interest.
Frequently Asked Questions
1. What is Nevada’s minimum workers’ comp weekly benefit?
Direct Answer: Nevada does not set a statutory minimum TTD dollar amount for most workers. Your benefit is simply 66.67% of your actual AWW, regardless of how low that number is.
Explanation: This is a critical distinction from states like California, which has a hard minimum benefit floor. In Nevada, if you earned $300/week, your TTD benefit is $200/week. There is no safety net minimum for standard employees. The one notable exception involves workers who earn below a certain threshold due to part-time work — in those cases, you should consult with an attorney about whether your benefit calculation accurately reflects your typical earning capacity. Some Nevada cases have argued that a worker’s AWW should be calculated based on what a full-time worker in that position earns, particularly when part-time status was involuntary. This is a nuanced legal argument and not guaranteed, but it’s worth raising with an attorney if your AWW-based benefit is extremely low. Document your employment classification (voluntary part-time vs. unable to get more hours) from day one of your claim.
2. Are Nevada workers’ comp benefits taxable?
Direct Answer: No. Nevada workers’ comp TTD benefits are exempt from federal and state income tax under IRS Publication 525 and are not subject to Nevada state income tax (Nevada has no individual income tax).
Explanation: This is one of the genuine advantages of workers’ comp income over regular wages. You receive 66.67% of your gross wage tax-free, which effectively narrows the real income gap. If you were earning $1,000/week gross and paying 22% in federal taxes plus 7.65% in FICA, your net take-home was approximately $703. Your workers’ comp benefit at $667/week is only $36 less than what you were actually taking home. That said, this changes if you are simultaneously receiving Social Security Disability Insurance (SSDI) — there is an “offset provision” that can reduce your SSDI benefit when combined workers’ comp and SSDI exceed 80% of your pre-injury average earnings. Talk to an attorney if you receive or are applying for SSDI while on workers’ comp.
3. How does Nevada calculate AWW if I was injured in my first two weeks on the job?
Direct Answer: If you worked fewer than 12 weeks before your injury, Nevada uses the number of weeks you actually worked as the denominator, OR uses the wage rate of a similarly situated employee in the same position.
Explanation: NRS 616C.475 addresses this directly. If you don’t have a full 12-week earnings history at that employer, the claims administrator should look at what a comparable employee in the same or similar role earned during the same 12-week period. This provision exists to prevent new workers from being penalized simply because they’re new. In practice, insurers frequently ignore this and just use your short earnings history, which produces a low AWW. If you were hired at a set hourly rate, the correct calculation should reflect your full earning potential at that rate, not two weeks of actual wages. Gather your offer letter, employment contract, or any documentation showing your agreed-upon wage rate. This is powerful evidence for disputing a low AWW determination.
4. Does workers’ comp pay me while I’m recovering, or only after I’m released?
Direct Answer: TTD benefits begin after a waiting period of five calendar days. If you are disabled for more than 90 days, the five-day waiting period is retroactively paid. Benefits
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