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How Lost Wages Are Determined in Nevada Workers’ Comp Cases

Posted on October 21, 2019
How Lost Wages Are Determined in Nevada Workers’ Comp Cases

There are many ways lost wages are calculated in Nevada and choosing the right method is the key to receiving the appropriate compensation. Workers’ comp lawyers ensure wage calculations are correct and that injured workers receive every penny they are owed by an employer.

Calculating the Average Monthly Wage

Victims who suffer work-related injuries in Nevada can pursue lost wages if a physician takes them out of work for five consecutive days or five cumulative days within a 20-day period. Workers filing claims for lost wages are required to provide their wages and medical documentation with their claim forms. It is crucial that these forms are properly completed and the calculation is backed by solid evidence establishing the individual’s earnings and injury.  

Calculating the average monthly wages takes into account:

  • Wages and salary
  • Commissions
  • Incentive pay
  • Payments for sick leave/vacation days
  • Bonuses
  • Termination pay

The calculation also includes tips, overtime, holiday pay, travel time, and room and board.

Workers must have a wage history of at least 12 weeks to use this method. Through this method, the individual’s total earnings for a period of at least 12 weeks and not more than 12 months are added together and divided by the number of months worked. This gives the worker an average monthly wage.

Less Than 12 Weeks

If the employee worked for less than 12 weeks, as is common with seasonal and remote workers, wages are averaged for the period the individual worked. It is also possible to estimate the average weekly wage based on other employees who performed similar work.

Exclusions from Calculation

Certain days that may be excluded from the average monthly wage calculations include days of certified illness, disability, admission to a hospital facility, days during which full-time education occurred, military service, strike days, and leave covered under the Family and Medical Leave Act. A workers’ comp lawyer can explain how these days impact the calculation and the benefits an individual is entitled to receive for lost wages.  

Maximum Compensation

Workers do not receive full wages for the time they are not working. They are entitled to a maximum lost wage benefit of 66.66% of the average monthly wage they would have earned. For the fiscal year 2019, the maximum monthly claim for lost wages in Nevada is $3,904.36 per month, $897.82 per week, and $128.26 per day.