Workers' Comp Settlements in Nevada

Nevada law generally prohibits insurers from making or allowing lump-sum settlements, except as provided in specific sections (NRS 616C.380, 616C.427, 616C.495, 616C.505, 616C.580 and 616C.595). The main exception is for permanent partial disability awards: for workers injured on or after July 1, 2017, a worker with a disability rating of 30% or less may elect to receive the whole award in a lump sum, and a worker rated above 30% may take a lump sum equal to the present value of an award of up to 30%, with the rest paid in installments (earlier injury dates have different percentage limits). Every injured worker or dependent is entitled to an explanation from a qualified employee of the insurer of the alternatives involved in lump-sum compensation or other settlements and their long-range effects; the insurer must give this explanation in writing, and the worker must make the selection in writing to the insurer.

Temporary total disability has no fixed maximum period; payments must stop when a physician or chiropractic physician finds the worker physically capable of any gainful employment, when the employer offers light-duty or modified work within the worker's limitations, or when the worker is incarcerated (with limited exceptions). Temporary partial disability is payable for no more than 24 months during the period of disability. Permanent total disability is paid only as long as the permanent total disability continues to exist; the insurer has the burden of proving that it no longer exists.

Nevada offers free legal help through the Nevada Attorney for Injured Workers (NAIW), a state agency that represents injured workers free of charge, generally after a case has gone before a Hearing Officer and is appealed to an Appeals Officer. Insurers must tell claimants of their right to request NAIW representation. NAIW: Northern Nevada (775) 684-7555, information line (775) 684-7559; Southern Nevada (702) 486-2830; offices in Carson City and Las Vegas.