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Work Injuries and Permanent Restrictions

By: 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 NRS 616C.590.

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.

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