Rehabilitation for injured workers involves more than a worker overcoming their injury or a kind of rehabilitative care or physical therapy to restore the usual body functionality. Furthermore, there’s another form of rehabilitation known as vocational rehabilitation. Most states, including California, offer workers this type of rehabilitation. It is for employees who are incapable of going back to their previous jobs. These employees have a right to receive vocational rehabilitation even at the expense of the career compensation expected from their employers.

In California, the vocational rehabilitation process is not straightforward, and there are various requirements and rules for it to kick off. As a worker, you need to understand your responsibilities to avoid missing out on wage loss benefits. A skilled workers’ compensation lawyer can help you understand the whole process and your rights and responsibilities. They can also help you obtain vocational rehabilitation and other benefits that you deserve. At The Workers Compensation Lawyer Law Firm, we have helped injured workers in Los Angeles, CA, defend their rights and claim the maximum possible compensation for their injuries. Call us today, and we’ll help you too.

Overview of California Workers’ Compensation Law

As a worker, you may suffer an accident or otherwise a life-changing injury at work. The injury may impact your ability to continue working or restrict you from returning to your work and job position in the days to come because of the physical limitation it caused. If that’s the case, you may be eligible for monetary and other forms of compensation.

The process for compensation for workplace injuries in California follows the no-fault system when the injury is directly connected to the job. The condition doesn’t require a specific disease, injury, disabling condition, or medical illness to be eligible. The employer pays an insurance provider with a workers’ compensation package to cover all workers eligible for compensation benefits. California workers’ compensation benefits include permanent disability, temporary disability, medical benefits, vocational training or rehabilitation, death benefits, and a return to work fund.

California workers' comp law is designed to assist injured workers in knowing their fundamental rights and how to file a claim requesting compensation benefits. Generally, the law states that a worker has a right to claim comp benefits if:

  • They sustain a workplace injury— whether you hurt your back because of heavy-lifting while working, are burnt by a toxic chemical, you slip and fall due to a wet floor, the law requires your employer to compensate you.
  • They were subjected to repeated workplace exposures that caused injury— repetitive stress/strain injuries that happen due to repeatedly performing the same task are compensable. These might include irreversible hearing loss because of exposure to loud industry noise, respiratory issues due to working around asbestos or injuring any part of the body by making repeated motions as the job demands.

Vocational Rehabilitation Benefits and Rights

Vocational rehabilitation refers to the process of rebuilding work skills as part of recuperating from an illness or injury. At times an injured employee can ultimately resume their previous job after undergoing rehabilitation. If an illness or injury places permanent or long-term limitations on the individual, they may have to undergo retraining for new employment. If you need vocational rehabilitation benefits after an industrial illness or workplace injury, your employer and insurer must pay for your vocational rehabilitation services as part of your compensation benefits.

The types and amounts of vocational rehabilitation offered to injured workers vary from one state to the other. It's upon the workers to acquaint themselves with the laws of their state. Per California workers' compensation law, you’re entitled to vocational rehabilitation services if you're injured at your workplace and cannot return to your previous job because of medical restrictions. The potential services you may be eligible to enjoy under the vocational rehabilitation program include:

  • Job analyses
  • Training on the job
  • Interview coaching and other technical assistance
  • Career services and job applications
  • Surveys on the labor market
  • Counseling
  • Transferable skills testing and analysis
  • Wage evaluation and deep assessments
  • Assistance with job searching
  • Ergonomic assessment
  • Tuition and education payments for re-training
  • Medical case management
  • ADA (Americans with Disabilities Act) reasonable accommodation assistance
  • Completion services for resume

Note that these services are generally customized depending on the injured worker's specific needs. Also, keep in mind that the actual rehabilitation services for which a hurt worker will be eligible are determined by the worker's specific situation and the state regulatory and statutory limitations.

Vocational rehabilitation programs play a critical role in improving the lives of workers who sustained a temporary or permanent disability. The primary objective of the services offered under these programs is to assist workers in developing the skills they require to return to their old jobs and remain in their initial field of work or, in given cases, enter another field of work. Rehabilitation services can also assist impaired employees in making a successful transition to a new industry by acquiring new skills. Additionally, if the workplace disability led to reduced earning capacity, the employee may still have the right to vocational rehabilitation.

A vocational rehabilitation counselor may play a crucial role in developing a rehabilitation plan and ensuring its smooth execution. The counselor assesses your inabilities, limitations, and strengths and finds a suitable job for you. For instance, say you've had a work-related accident that leads to a serious arm injury that hinders your capability to do the same type of job with the required efficiency level. The counselor may find a viable solution plan by resigning your new workstation with appropriate facilities such as new tools that'll make your job easier. In other situations, the vocational rehabilitation counselor may have to analyze your limitations and skills then recommend employment that best compliments you. The counselor might also help you gain the required training or education certifications in an industry that's most suitable for you post-injury.

The Responsibility of the Employer 

An Employer has regulatory and statutory responsibilities as far as vocational rehabilitation and other comp benefits are concerned. Should a worker suffer an on-the-job injury or illness, the employer must avail a workers ‘comp claim form to the employee within one working day since the injury or illness was reported. After the employee has completed the form, they will give it to the employer, who will forward it to the claims administrator within a day of receipt.

Regardless of how many people are working (full or part-time) for the employer, each employer has to buy a workers' comp insurance coverage from a licensed private provider authorized to operate in California State. The other choice is applying for the self-insurance program, which necessitates the employer to utilize their property to cover the required obligations under the workers' comp program.

An employer may face severe repercussions if they do not abide by the workers' comp program requirements. Should you sustain an injury or illness that requires treatment and your employer doesn't have a workers' comp insurance policy, you may receive compensation through the state-administered Uninsured Employers Benefits Trust Fund. The state can then seek reimbursement from your employer for expenses incurred in your treatment.

When it comes to vocational rehabilitation, an employer or the workers' comp carriers have regulatory and statutory responsibilities correlated to these benefits. For instance, a state might need an employer to provide rehabilitation counseling to any worker who sustained an injury and has lost approximately sixty days of work from when they were injured, and they have to make the offer within an established period of five days after the sixty-day limit has been achieved. The details of these kinds of requirements could vary based on the form of injury. For example, if the worker sustained a back injury, the lost time for workdays will only be thirty days. After thirty days, the employer has to provide vocational rehabilitation counseling. We have states that extend the limit, which can be a hundred and twenty days when the worker has lost suitable employment due to the injury.

Some states may require an employer to pay for living expenses, tuition, room and board, travel expenses, and child care costs to add to regular wage-loss benefits while a worker is taking part in given rehabilitation programs. At times, only specifically eligible persons are permitted to offer vocational rehabilitation assistance to injured employees. For instance, only people who are CRCs (Certified Rehabilitation Counselors), CDMSs (Certified Disability Management Specialists), or CCMs (Certified Case Managers) may offer vocational rehabilitation help to injured workers in some jurisdictions.

The Responsibility of an Employee

You want to understand your rights and responsibilities under the state's workers' comp law to be awarded vocational rehabilitation and other benefits. There are laws you must understand to protect your rights. You must also adhere to the related legal requirements for continued reception of the benefits. A skilled workers' comp attorney can play a critical role in assisting you in obtaining the benefits you're entitled to while at the same time educating you of the obligations you must fulfill for the successful execution of the established vocational rehabilitation program. If you fail to meet the required responsibilities, you could lose your compensation benefits.

If you suffer a work-related injury, you should first see a doctor for medical treatment or contact a certified health care provider and tell them about the injury. You may also seek medical care from a predesignated doctor after your injury, but that's only an option if you inform your employer in writing, before the injury, the name, and address of your medical group or personal doctor. Although, you can only predesignate a physician if, on the day you were injured, you had health care insurance coverage for health conditions outside of your employer's health care insurance coverage.

Additionally, California workers' comp law provides that you have to report that you've sustained an injury to your employer. The reporting must be done via a letter, written and signed within thirty days of your injury. If you delay reporting, you risk losing your right to obtain any benefits. If your employer's insurer approves your comp claim, you could be awarded up to ten thousand dollars for your medical treatment. If the insurer denies your claim, you can appeal the claim. Your lawyer can assist you in preparing the required paperwork, taking care of all the claim filing deadlines, and representing you in court. You could still bring a petition if you aren't content with the court's decision after the trial.

In most states, for workers to receive vocational rehabilitation benefits, their first and foremost responsibility is to accept appropriate rehabilitation services. Accompanying this responsibility is the condition to cooperate with vocational rehabilitation efforts and make an honest attempt to resume suitable employment. Other states have different requirements. In particular states, for instance, an injured worker isn't required to take part in both vocational and physical rehabilitation at the same time. That is, they should participate in either one or the other. However, should they refuse to participate in vocational rehabilitation, their eligibility for other compensation benefits may also be affected.

In California, a worker is supposed to request vocational rehabilitation. Although, the time limit for this request is from any period until fifteen years after the illness/injury date. It elapses after fifteen years.

If you refuse to cooperate with vocational rehabilitation service providers, the workers' compensation carrier may reduce or suspend wage-loss benefits during the period you refuse to cooperate. You may also face other negative repercussions.

How Vocational Rehabilitation Works

Under California statute, vocational rehabilitation benefits are also called supplemental job displacement benefits, and they work like a voucher. An injured employee can use this voucher to cover expenses for the training related to acquiring the skills needed to secure employment in a new industry. The voucher pays for most of the expenses linked to this training, such as career counseling, books, and tuition.

How to Obtain Vocational Rehabilitation

Even for workers' compensation cases that involve severe injuries, vocational rehabilitation is usually not an option until the case is scrutinized further. A doctor will usually establish that the hurt employee cannot resume their old work after attaining their (MMI) maximum medical improvement. To sum up, a patient's MMI is the level at which their medical condition can't be reasonably anticipated to improve even if they’re accorded the best treatment options and were given all the time to heal and rest.

A doctor who assesses and diagnoses patients who have sustained work-related injuries has the special duty of deciding whether MMI interferes with a patient's job expectations. We have employees who aren't employed in a strenuous role or job in a sedentary position, such as an office employee spending their time in a chair and within an air-conditioned room. For these employees, establishing if an on-the-job injury truly hinders their job activities could be a little challenging based on the injury they've suffered. Often, there will be a conflict between the doctor and the employer or their insurance company.

Eligibility for Vocational Rehabilitation

You have to meet three requirements before you qualify to receive vocational rehabilitation. They include:

You Must Have a Permanent Disability

As you continue with the treatment for your injuries or illness, your physician will prognosis your condition. They may then conclude that the treatment of your injuries has reached its maximum effectiveness. If that happens, they'll give their judgment that your present condition is stationary and permanent, and you won't fully recover from your injury. If all parties involved with your workers' comp claim accept the doctor's opinion, it'll be concluded that you're permanently disabled therefore eligible for vocational rehabilitation.

You Mustn't be Capable of Returning to Your Previous Job

If your physician says that you have a permanent disability, they might also conclude your disability hinders you from resuming your previous job. Should that happen, the physician will give their judgment to that effect in a Return to Work and Voucher Report, which they'll send to the insurance claims administrator handling your claim.

Your Employer Mustn't Offer You A Modified or Alternative Job Position

If you have a permanent disability and are incapable of returning to your pre-injury job position, your employer might opt to give you an alternative or modified job position. There is a difference between an alternative and a modified job position.

A modified job position is merely the same work you did before with various requirements adjusted so you can fit in with your disability. For instance, say you're a roofer. After your work-related injury, you're incapable of lifting objects that are more than twenty pounds. If the lifting of heavy items was only a small percentage of what your job entails, your employer might modify the job position and remove the condition that you carry or lift anything beyond twenty pounds. You then go back to your previous job position with modifications and receive the same salary as before.

Alternatively, if carrying heavy items was a significant percentage of what your job entails, your employer may opt to give you a completely different job position where you won't have to do the heavy lifting. If the employer opts to give you an alternate job position, the pay has to be not less than 85 percent of your previous salary and have a similar commute. Additionally, the offer has to be for not less than twelve months of employment and must be made within sixty days of your physician's decision that you're incapable of returning to your initial job. Lastly, should your employer offer your alternative or modified employment and you decline the offer, you're ineligible for vocational rehabilitation.

The Value of Vocational Rehabilitation

The worth of the vocational rehabilitation voucher varies depending on when you sustained the injury. If you sustained the injury before 2012, your voucher amount might range anywhere from four thousand dollars to ten thousand dollars based on the extent of your disability. You may utilize the voucher to pay for training and common educational expenses, like fees, books, and tuition. Additionally, you could utilize up to ten percent of the voucher for career-related charges like a job interview or resume preparation advice.

If your injury happened after 2012, the voucher's value is a fixed six thousand dollars irrespective of the extent of your disability, and this applies to all employees. However, you could use it for a broad range of purposes. You can't use the voucher while outside of California. However, the voucher will still cover regular educational expenses at an in-state school. You can also use up to a thousand dollars of the voucher to buy a computer. Lastly, you can, with limitations, use the voucher to pay for certification or licensing fees, career counseling, and tools.

Note that these vouchers can't be settled for cash. They're supposed to be provided to you if your employer hasn't offered you employment within sixty days of your being discovered to have reached MMI for all conditions your injury caused. Your lawyer can refer you to a rehabilitation counselor who will assist you in obtaining and using this benefit.

Vouchers for any injuries happening before 2012 don't have an expiration date. On the other hand, a voucher for any injury sustained after 2012 has to be utilized within twenty-four months of the issue date or five years of the injury date, whichever comes last.

If you cannot return to your previous job due to your injuries, you want to acquire vocational rehabilitation benefits that'll enable you to secure new employment. Your workers' comp lawyer can help you obtain the vocational rehabilitation you require to return you to the path of a promising future in your career.

Find a Workers' Compensation Attorney Near Me

The laws on the vocational rehabilitation rights and responsibilities of claimants, insurers, and employers vary from one state to another. If you've suffered a work-related injury or illness in Los Angeles and are seeking workers' compensation benefits, our experienced attorneys at The Workers Compensation Lawyer Law Firm are ready to help you. Call us today at 424-501-9228 for a consultation.