Legal Question in Workers Comp in Nevada

rights under workmans compensation in las vegas nv.

I work for a bus company in Las vegas NV. as a driver. I was injured at work and was return to work on modified duty (light duty) I was given an assignment as a filing clerk. I found out that there were things that light duty people were required to do that other employees were not, like show paper work discribing their restrictions every day they reported to work or be disiplined even though all dispatchers and superviors have a copy of these papers on hand, also not being allowed to take what ever medications were perscribed by the doctor while at work on light duty,and were subject to drug testing by request of suervisors , being made to sit or stay in one certain area and having to ask permission to leave that area for bathroom breaks. Then we were told that the company was canceling thier siis insurance and that we would have to us FMLA, sick or vacation time to cover any absentes, including doctor or theopy appointments. This company has had light duty assignments for 14 years now they have told us that they are canceling all light duty assignments and all light duty employess can not report to work and must remain home and be paid by workmans compensation insurance. What are our opptions?


Asked on 4/27/08, 4:41 pm

1 Answer from Attorneys
David Fischer Fischer Sanders, LLP

Re: rights under workmans compensation in las vegas nv.

In Nevada an employer has two options when an employee is injured on the job and subsequently is returned to work with restrictions:

1. offer work within the restrictions; or 2. send the employee home. In the first scenario the employee should be paid for the hours worked at a rate that is not less than 66 2/3 of the pre-injury average monthly wage. In the second scenario the injured worker is entitled to receive a ttd check from the work comp insurer for any period of disability the employer is unable to accomodate; this too is a rate of 66 2/3 of the pre-injury average monthly wage.

If you would like to discuss your case in greater detail feel free to contact me at 702.385.2220 and ask for attorney David R. Fischer. The initial consultation is free.

Also, you can visit my blog for general information regarding Nevada workers' compensation law at www.nevadaworkcomplaw.blogspot.com.

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Answered on 4/28/08, 11:47 am


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