Workers' Compensation Information CenterWhat Are the Rehabilitation Rights of Injured Workers?The word "rehabilitation" in the area of workers' compensation has two very different meanings. When most people think of rehabilitation, they think of physical therapy or rehabilitative care aimed at overcoming an injury and regaining functionality. Did you know that there is also vocational rehabilitation? In many states, injured workers who cannot return to their former employment are entitled to this type of rehabilitation at the expense of their employer, their employer's workers' compensation insurance carrier, the state or some combination of these sources, as determined by the law of the state in question. If you or a loved one was injured or sickened on the job, consult a knowledgeable attorney as soon as possible to learn what types of workers' compensation benefits your state allows, including vocational rehabilitation. The amount and types of vocational rehabilitation provided to injured employees vary from state to state. Some of the services to which an injured worker may be entitled include:
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 must comport with state statutory and regulatory limitations. 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.
Employers or their workers' compensation carriers also may have statutory and regulatory responsibilities related to vocational rehabilitation that they must fulfill. For example, in some states, an employer must offer rehabilitation-counseling services to any employee who has an injury that has resulted 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. 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 attorney can answer your questions about the right to vocational rehabilitation. Copyright ©2008 Metzger, Wickersham 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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