You must know your rights whether you’re in a vocational rehabilitation program or have been referred to one. Not only will this help you claim benefits, but it can also protect you against being taken advantage of in the program or by your employer or insurer.
Can protect your rights within other programs
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Can be imitated by the employer or its insurer
Vocational rehabilitation is a process for restoring the skills of an injured worker. An employer, an insurer, or a third-party administrator may initiate it. A vocational rehabilitation provider is a private company that provides this service. The rehabilitation provider will contact the injured worker to determine the appropriate steps for rehabilitation.
Vocational rehabilitation can help an injured worker return to a productive job. It can also reduce the financial burden of workers’ compensation. However, it is essential to be careful when refusing to accept vocational rehabilitation services. This can lead to the termination of income replacement benefits.
Vocational rehabilitation is a statutory right of employees, but employers and their insurance carriers have other responsibilities. An insurer will usually ask an employer if light duty is available. If an employer declines, the employee may be entitled to a temporary total disability benefit. In addition, an employee may request that the Office of Workers’ Compensation designate a rehabilitation provider.
Rehabilitation counseling can vary by state. The law in many states requires employers to provide rehabilitation services to injured workers. Some states require that employers provide education to workers who cannot work due to a disability. These services may be provided through an employer’s designated vocational rehabilitation provider.
Can be reduced by insurance companies
Vocational rehabilitation is a process that assists injured workers in returning to work. When an employee is eligible for vocational rehabilitation, the employer and insurer hire a private company to help the worker find a new job. To receive vocational rehabilitation services, the insurer must reimburse the injured worker for the cost of travel, as well as any mileage incurred on the road to obtain a job.
During the vocational rehabilitation process, the insured is evaluated by a certified counselor. Several forms of education, including certification programs, special classes, and educational degrees, are available to injured workers. The employer and insurance carrier may also assist with assistive devices and a modified work environment.
Vocational rehabilitation is a powerful tool for reclaiming workers comp benefits. If an employer or insurer resists vocational retraining, the injured worker can request that the Office of Workers’ Compensation (OEVR) designate a rehabilitation provider.
The OEVR can also approve an employee’s request for a work environment modification or a new position with the same employer. This can be done by requesting that the insurer pays for an assistive device or allowing the employee to work remotely.
If you are an injured worker who is interested in obtaining vocational rehabilitation legal services, you must consult a skilled injury lawyer as soon as possible. You should also subpoena any correspondence from the vocational rehabilitation provider and ask for copies of all correspondence. It is also a good idea to attach an affidavit explaining the details of the incident.
