Work Injury, Terminated because of Permanent Light Duty Restrictions

Unfortunately, under Nevada workers' compensation law (NRS Chapter 616), an employer cannot be required to offer an injured worker permanent light duty work. When the injured worker is given final and permanent work restrictions, the insurer asks the employer to respond within 30 days as to whether permanent, legitimate, work is available. If the employer responds that it cannot, or will not, provide permanent light duty work, then the employee is separated from employment with this employer. The work comp insurer then pays the employee benefits (66 2/3 of the employee's average monthly wage), and the insurer assigns a vocational rehabiliation counselor to work with the employee. The employee may then be qualified for a retraining program, or alternatively, may elect to receive a sum of money called a vocational rehabiliation lump sum buy-out. Unfortunately, the employee may have had health insurance with this employer. If this is a large employer, then the employee may be qualified to receive COBRA benefits. Otherwise, the injured worker has no continued health insurance. I hope this answers your question. I have more information on this subject available on my website and on my blog. Virginia Hunt