Injured workers who have permanent work restrictions from their treating physicians on accepted claims in Nevada, may be entitled to retraining, or a sum of money instead of retraining, depending on whether all of the following apply to you:
-Your treating doctor gives you permanent work restrictions.
-Those work restrictions prevent you from returning to the job you were doing at the time of your accident. (For example, if you have permanent work restrictions that only qualifies you for sit-down jobs, but you had a sit-down job at the time of your accident, you aren't entitled to retraining, or a lump sum instead of retraining.)
Your employer does not make a written, permanent light duty job offer, taking into account your permanent restrictions within 30 days of being notified by the work comp adjuster or voc rehab counselor of your permanent restrictions.
-Your employer would have offered you a legitimate, permanent light duty job within your restrictions, but you were fired for reasons unrelated to your injury.
A vocational rehabilitation counselor finds that you do not have other existing marketable skills that you could use right now to find another job, even though you have permanent work restrictions. (For example, if you were a construction worker at the time of your accident, but you also have a recent accounting degree, you wouldn't be entitled to retraining.)
-You aren't already working another job.
-You are capable of participating in a vocational retraining. (For example, your English skills may not be sufficient to enable you to go to any vocational retraining program offered in Nevada. There are only a few programs that teach in Spanish. Or, for example, you are so disabled that you cannot attend school.)
You haven't already elected to retire for reasons unrelated to your injury.
-You haven't already moved outside the state of Nevada and aren't willing to move back to Nevada to attend a retraining program. (Some exceptions apply if you were a resident of another state at the time of your injury in Nevada, or you live in a state that borders Nevada. Also, you may not receive retraining, but might be able to receive a lump sum if you move outside the state of Nevada).
-You are legally entitled to work in the United States.
-You aren't in jail now.
-You have not already received a vocational rehabilitation lump sum buy-out on this claim.
Source: NRS 616C.530- 616C.600; NAC 616C.550 et.seq.
There are many facts that may be applicable to your particular claim that could affect whether you are entitled to a retraining program. The above list is for the purpose of general information only, and should not be construed as legal advice pertaining to your particular claim.
