Workers' Compensation Benefits: Vocational Rehabilitation and Other Services

Job injuries can be minor or very serious, ranging from simple sprains to permanent disabilities or even death. Workers’ compensation insurance provides rehabilitation services to help injured employees recover and return to their employment. 

The primary goal of workers’ compensation is to help injured employees recover and return to their jobs. But sometimes an injured employee can’t return to their job due to the injury. In these cases, workers’ comp provides vocational rehabilitation services to help them secure alternative employment.

This article explains your rehabilitation rights as an injured employee. You can also talk to a workers’ comp attorney near you for help maximizing access to medical care, vocational training, and disability benefits. This can help you receive the full support you’re entitled to under the law.

Types of Services Injured Workers May Receive

A worker injured on the job might be eligible for several services. These include:

• Medical Treatment: The insurance company usually pays for all medical care. This medical care must relate to the work injury. This includes hospital stays, surgeries, and ongoing treatment. Sometimes, workers may get paid back for their payments to the medical provider.
• Temporary Total Disability Benefits: Sometimes, workers can’t return to work. This might be for a certain period of time due to a work-related injury. They might receive temporary total disability benefits in these situations.
• Permanent Partial or Total Disability Benefits: Sometimes, injuries result in permanent impairments. In this event, workers may qualify for partial disability, or they can be eligible for total disability benefits. This depends on the severity of the impairment. Permanent disability means the impairment will last the rest of your life.
• Death Benefits: Sometimes, a worker may die of an injury. If this happens, their dependents may receive death benefits.
• Vocational Rehabilitation: In some cases, the employee can’t return to their old job. This might be because their injury is so severe it prevents the worker from doing their old job. They may receive assistance in securing and training for a new job. These services are at the expense of their employer’s workers’ compensation carrier.

Workers’ Compensation: Vocational Rehabilitation

Vocational rehabilitation rules vary by state. This means the amount and type of vocational rehabilitation might be different. Some of the services which an injured worker may get include:

• On-the-job training
• Transferable skills analysis and testing
• Resume and job application completion services
• Interview skills and techniques
• Labor market surveys
• Job analyses
• Job search help
• Wage assessment evaluations
• Vocational Rehabilitation Counseling
• Ergonomics assessments
• Americans with Disabilities Act (ADA) reasonable accommodation help
• Medical case management
• Education and Tuition payments for retraining

The vocational rehabilitation that an injured party may receive depends on their situation. There are statutory and regulatory limitations.

Responsibilities of Employees After a Workplace Injury

Following a workplace injury, employees have specific responsibilities. These responsibilities include immediately reporting the injury to their employer and seeking medical treatment as soon as possible. Workers should also file a workers’ compensation claim as soon as possible. This claim will notify the employer’s workers’ compensation insurance carrier.

In many states, the only employee responsibility is that the employee must accept it. The employee must cooperate with the job training efforts. They have to make a reasonable attempt to return to suitable employment.

Other states have different types of conditions. In some states, for example, injured employees are not required to undergo rehabilitation.

The employee should cooperate with the rehabilitation service providers. If they don’t, the workers’ compensation carrier may reduce their benefits. They could also suspend their benefits completely for failing to cooperate.

Responsibilities of Employers After a Workplace Injury

Employers also have critical responsibilities after a workplace or auto accident. Employers or their workers’ compensation carriers must fulfill statutory and regulatory responsibilities. They must ensure their workers’ compensation coverage is adequate. In the event of a personal injury, they must also file an insurance claim and assist the injured employee with accessing their workers’ compensation benefits.

The workers’ compensation laws vary by state. For example, in some states, an employer must offer job counseling services to any injured employee whose injury resulted in 60 days of lost time from work. The offer must be made within five days after reaching that threshold. If the employee sustains a back injury, they only need to lose 30 workdays.

In other states, an employer must provide rehabilitation within 120 days. This is if the injury resulted in a loss of suitable gainful employment.

In some states, an employer may be required to pay for tuition. They may also be responsible for living expenses and room and board. They can also cover childcare expenses, travel expenses, and regular wage loss benefits while the employee participates in vocational rehabilitation programs.

In some states, only qualified individuals can provide job training help to injured workers. For example, the following individuals may provide vocational rehabilitation services in some jurisdictions:

• Certified Rehabilitation Counselors (CRCs)
• Certified Disability Management Specialists (CDMSs)
• Certified Case Managers (CCMs)

If you are unsure about your state’s laws, talk to a local attorney.

A Lawyer Can Help Secure Rehab Services After Your Workplace Injury

If you’re struggling to access the rehabilitation services you’re entitled to, a workers’ compensation attorney can be a vital ally. They can advocate for your right to receive medical treatment, vocational training, and other benefits that support your recovery and return to work. They can also answer questions about how to handle medical bills or medical expenses from your injury.

Whether you’re facing delays, denials, or confusion about your eligibility, an attorney can help you navigate the workers’ comp process. They’ll handle the legal side of your claim while you focus on healing and recovery. Your attorney can also determine if you’re eligible for other support, such as Social Security disability benefits. 

FindLaw’s directory of workers’ compensation attorneys can connect you to qualified legal help in your state. Select your state or city to review contact and ratings information for local experts.