Kevin Kampschror, Esq.
When a person is injured on the job, hopefully they will recover and get
back to the job they were doing. Generally, an injured worker will be
given temporary restrictions by a doctor, and then the employer either
can or cannot accommodate those temporary restrictions. See NRS 616C.475.
Typically the temporary restrictions will continue until the injured worker
has been released back to full duty work.
However, what happens when a doctor deems your restrictions permanent?
This is determined by the injured worker going through a functions capacity
evaluation (FCE) to see what the injured worker can or cannot do and what
permanent restrictions, if any, the injured worker will live with for
the remainder of their time in the workforce.
If that happens, the question is whether your employer can accommodate
those restrictions either by your original position you held or another
position perhaps throughout the company. Meaning, if your job you were
doing when you were injured fits within those restrictions then you will
return to your job. If not, the employer will either notify the insurance
company (and you) if they have a position. If they do not, the company
must pay for you to be retrained through vocational rehabilitation. See
This is a very crucial stage in your workers’ compensation case and
has lifelong effects. Therefore, it is advised you seek an experienced
attorney who is able to assist in obtaining all benefits that you are
entitled to under Nevada law.