Injured workers who have permanent physical restrictions that prevent them from returning to their old jobs are usually separated from their old employer and assigned a vocational rehabilitation counselor.  That independent counselor's job is to help  you develop a retraining program over the next 60 days that can be presented to the adjuster for approval. 60 days is a very short time to have the voc rehab counselor test your skills and to determine whether you are likely to be successful in a particular training program.  And 60 days is a short time for you to investigate...

Q: What happens if my work injury prevents me from being able to do my old job? A:  If your treating doctor releases you with permanent work restrictions that are not compatible with the physical requirements of your job, one of three things is likely to happen: 1) your  employer may offer you a  permanent light duty position , or 2) if your  employer doesn't offer permanent light duty,  you will be eligible for vocational rehabilitation benefits and/or services, or  3) you can try  to get your permanent...

  When the adjuster sends a letter, either scheduling a rating evaluation, or simply closing the claim, No additional medical treatment will be authorized.  That means that the insurer will also stop paying for any medication refills, and will not authorize return visits to the doctor for more medication.  If the injured worker's treating doctor reports that the patient will need ongoing medication, then this issue needs to be discussed and resolved with the adjuster before the appeal time (70 days) runs on claim closure.  Additionally, if an injured worker accepts a...

Maximum total disability benefits, payable when an injured worker is off work, are determined each fiscal year by the Nevada Department of Employment, Training, and Rehabilitation, Employment Security Division.  Maximum benefits are 66 2/3 of this maximum average monthly wage.  (If the wage earned on the date of injury is less than the maximum average monthly wage, the benefit is 66 2/3 percent of the actual earned wage.)  For the first time, the maximum average monthly wage for injuries is less than the prior year's maximum average monthly wage.  The maximum average...

  The FCE (functional capacity evaluation) often serves to let the physician off the hook on trying to please both his patient and the insurer on the issue of work release restrictions. The insurer may be pressuring the doctor to give a full duty work release, while the patient keeps telling his doctor that he does not think he will be able to go back to his pre-injury occupation or employer. When the doctor order a FCE before giving final work restrictions, then his job is easier because he can simply adopt the findings of the independent physical therapist who gives...

Most people who call me about their Nevada workers' compensation claims tell me that they just want to get decent medical treatment and get on with their lives.  They usually say something about not pursuing a claim just to get money. They  emphasize that  they like their jobs, and they don't want their employers to think less of them because they have hired a lawyer to  get them medical care or  benefit checks after trying to deal with an insurance company that acts like they don't exist.  However, all injured workers should know a few things about money awards.  Here are a few facts about...

I asked Family Law attorney Stacy Rocheleau of Rocheleau Law Group to write a guest blog post for me on workers' compensation benefits and divorce.  The Rocheleau Law Group handles divorce, child custody, and guardianship matters. This is what Attorney Rocheleau wrote: Are you getting a divorce and wondering who will receive the income your spouse received from a work related injury?  This question is often asked and the answer can be complex. Earnings by either party could be community property, so any income received from a work related injury would need to be decided by the court in a...