What Are the Vocational Rehabilitation Rights of Injured Workers?

Did you know that by the 1920s almost all US states had some type of workers' compensation system? To learn more about your state's workers' compensation laws, contact an experienced attorney.

What Are the Vocational Rehabilitation Rights of Injured Workers?

After a workplace injury, notify your employer and get the medical treatment you need. Next, talk with a lawyer before you talk to the insurance company. Let us help you preserve your rights by calling us toll free at 866-763-6433.

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 a knowledgeable attorney as soon as possible at The Hoffmann Law Firm, L.L.C. in Saint Louis, MO, to learn what types of workers' compensation benefits your state allows, including vocational rehabilitation.

Examples

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
Resume and job-application 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.

Conclusion

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 skilled lawyer at The Hoffmann Law Firm, L.L.C. in Saint Louis, MO, 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.

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Frequently Asked Questions about Workers' Compensation

Q: What is workers' compensation?

A: 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 the injury 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. 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.

Q: What types of injuries or diseases are covered?

A: 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.

Workers' Compensation - An Overview

U.S. employers and their employees rely on our dependable workers' compensation system to resolve disputes about vocational injuries and disease and to provide for related worker needs. Workers' compensation benefits are commonly awarded for work-related injury, illness and death, helping to meet the needs of injured workers and their families even when faced with overwhelming situations. If you or your family member is injured or becomes sick in the course of employment, a workers' compensation lawyer from The Hoffmann Law Firm, L.L.C. in Saint Louis, MO, can assess your potential workers' compensation claim.

Employer Retaliation against the Workers' Compensation Claimant

Workers' compensation is sometimes viewed as a compromise between employees and employers: workers give up the right to sue for large awards in court in exchange for certain and timely, albeit relatively lower, reimbursement for work-related injuries and illnesses. Employers accept responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being tied up in court and potentially liable for large verdicts.

Workers' Compensation Death Benefits

In addition to workers' compensation benefits for workers for their job-related injuries and illnesses, if such maladies ultimately result in death, certain survivors have the right to receive death benefits through their states' workers' compensation systems. If you are the family member or dependent of an employee who died from an injury or sickness incurred in the course of his or her employment, a workers' compensation attorney can advise you about workers' compensation death benefits.

Rather than Collecting Workers' Compensation, May I Bring a Lawsuit Against My Employer?

Workers' compensation is usually the only legal remedy for an employee injured or sickened in the course of employment. The public policy behind workers' compensation envisions a bargain between employers and employees in which workers give up the right to sue their employers in court in exchange for the guaranty of workers' compensation benefits. This reduces tension in the workplace by creating a predictable method for resolving employer-employee conflict. Although workers' compensation awards tend to be smaller than those in lawsuits, employees are not left without support during drawn-out court proceedings with unsure outcomes.