Vocational rehabilitation is the process of rebuilding work skills as part of recovering from an injury or illness. Sometimes an injured individual can eventually return to his or her previous job. If an injury places long-term or permanent limitations upon the person, retraining for a new type of job may be necessary. Depending upon the law of your state, if you require vocational rehabilitation after a job injury or industrial illness, your employer or its workers' compensation insurer, or the state, or some combination of these three resources may be required to pay for your vocational rehabilitation services as part of your workers' compensation benefits.
If you or a loved one was injured or sickened on the job, consult an attorney as soon as possible at Pitts & Zanaty, L.L.C. in Anniston, AL, to learn what types of workers' compensation benefits are available, including vocational rehabilitation.
Examples of vocational rehabilitation
The amount and types of vocational rehabilitation provided to injured employees vary from state to state. Some of the vocational-rehabilitation services to which an injured worker may be entitled include:
- On-the-job training
- Transferable-skills analysis and testing
- Job-application and career services
- Interview coaching
- Labor-market surveys
- Job analyses
- Job-search assistance
- Wage-assessment evaluations
- Counseling
- Ergonomics assessment
- Americans with Disabilities Act (ADA) reasonable-accommodation assistance
- Education and tuition payments for retraining
The actual vocational-rehabilitation benefits to which an injured employee will be entitled are determined not only by the employee's specific situation, but also by state statutory and regulatory limitations.
Employee responsibility
In many states, employees have a responsibility to accept appropriate vocational rehabilitation services. Inherent in this responsibility is the requirement that the employee cooperate with vocational-rehabilitation efforts and make a valid attempt to return to suitable employment. Other states have different types of requirements. In certain states, for example, an injured employee is not required to participate in either physical rehabilitation or vocational rehabilitation, but a refusal to participate may affect eligibility for other workers' compensation benefits.
Warning to employees: Depending on the state, if an employee does not cooperate with rehabilitation service providers, the workers' compensation carrier may reduce, if not suspend, wage-loss benefits during the time the employee refuses services. There may also be other negative consequences.
Employer responsibility
Employers or their workers' compensation carriers may have statutory and regulatory responsibilities related to vocational rehabilitation. For example, a state may require an employer to offer rehabilitation counseling services to any employee who has injuries that result in a particular amount of lost time from work and the offer must be made within a certain number of days after the threshold has been reached. The details of such requirements may vary depending on the type of injury.
In some states, an employer may be required to pay for items such as tuition, living expenses, room and board, child-care expenses and travel expenses in addition to regular wage-loss benefits while an employee is participating in certain vocational-rehabilitation programs. Sometimes only specifically qualified individuals are allowed to provide vocational rehabilitation assistance to injured workers. For example, only individuals who are Certified Rehabilitation Counselors (CRCs), Certified Disability Management Specialists (CDMSs) or Certified Case Managers (CCMs) may provide vocational-rehabilitation assistance to injured employees in some jurisdictions.
Speak to a workers' compensation lawyer
The laws regarding the vocational-rehabilitation responsibilities of employers, insurers and claimants vary by state. If you or a loved one has a work-related injury or disease, a lawyer at Pitts & Zanaty, L.L.C. in Anniston, AL, can answer your questions about the right to vocational rehabilitation.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
Frequently Asked Questions
To take the uncertainty out of the circumstances following a work-related injury or industrial illness, the workers' compensation system provides a reliable procedure for resolving resulting problems. Broadly, if an injury or illness occurs in the course of employment, regardless of whether the employer was negligent or otherwise at fault, the worker receives benefits that may include wage replacement, medical coverage or other assistance. In exchange, the employee is not allowed to sue the employer for the injury and the employer must carry insurance or otherwise legally provide a means to cover workers' compensation expenses. Most employers are subject to the workers' compensation system, but some states exempt smaller employers, and most federal workers and certain national industries are covered instead by comparable federal programs.
Virtually all types of work-related physical injury and industrial illness are covered by workers' compensation. Very commonly covered conditions include repetitive-stress injuries (RSIs) like carpal-tunnel syndrome (CTS), back injuries, traumatic injuries, wounds or bodily reactions to substances. Many states also cover mental or emotional harm, but the standards for psychological coverage vary greatly from state to state. Pre-existing conditions are generally not covered unless aggravated at work.
Available benefits vary from state to state, but usually include compensation for medical expenses and disability benefits to replace wages, at least in part. States use various methods for calculating benefit amounts, such as schedules or formulas that may take into account the severity and type of injury and amount of lost wages. Some states offer other types of benefits, such as vocational rehabilitation. Death benefits are available to surviving dependents of workers who die from occupational injury or disease.
State laws require one of three payment methods or a combination thereof. Employers may need to carry workers' compensation insurance; employers may self-insure by setting up a fund sufficient to cover outgoing benefits; or the state may administer its own fund into which employers are required to pay.
Of course, you should first obtain necessary emergency treatment. Second, give notice of the injury or disease to your employer as soon as possible. State laws vary about what type of notice is sufficient, whether a designated person needs to receive it, how soon it must be given and if there is a deadline. Also, some states require notice to other parties, such as the state workers' compensation agency, local court or workers' compensation insurer. Third, file your workers' compensation claim with the state agency in a timely manner. Consult a knowledgeable workers' compensation attorney as early in the process as possible for advice about how to proceed every step of the way.
Whether you can choose your own doctor depends on your state's law. Most states allow emergency treatment without concern for consultation with the employer or insurer. Beyond an emergency, the choice of treating physician may belong to the employee, the employer, the workers' compensation insurance carrier or the state. Sometimes the employee can choose from a list of providers compiled by the employer, insurer or state agency. Your state law may also control how to change providers or other situations, such as obtaining a second opinion.
Each state has a procedure for appeal of a denied claim. Normally the first review is by the state workers' compensation agency, where there may be more than one level of claim re-evaluation and a hearing is usually held. Typically if the agency ultimately affirms the claim denial, the employee can appeal to the state court system, where there may also be more than one level of appeal. Representation by an attorney is helpful at any stage of appeal, particularly at any hearing and in court.
If you are harmed in the course of employment, you are entitled to workers' compensation, regardless of the cause. You may be able to sue a third party that caused the injury, such as the manufacturer, distributor or seller of faulty equipment that caused the injury. If a co-worker caused the injury, most states do not allow you to sue your colleague, but some do. If you recover from a third party, your employer or its insurer may be eligible for workers' compensation reimbursement or they may be able to join the suit.
