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's workers' compensation carrier.
The amount and type of vocational rehabilitation provided to injured employees,
as with any other workers' compensation law, varies greatly between
jurisdictions. Some of the services an injured worker may be entitled to
include:
The actual vocational rehabilitation benefits to which an injured employee will
be entitled are not only limited to the specific situation the employee is in,
but also must comport with statutory and regulatory limitations.
In many states, the only specific employee responsibility in connection with
vocational rehabilitation is that they must "accept" it. Inherent to 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
Massachusetts, for example, an employee is not required to participate in
either physical rehabilitation or vocational rehabilitation.
A Notable Difference: In California an employee needs to make a request for
vocational rehabilitation, but may make the request at anytime within 15 years
from the date of injury!
Warning to Employees: If an employee refuses to cooperate with rehabilitation
service providers, the workers' compensation carrier may reduce, if not
suspend, wage loss benefits for the period of non-cooperation.
An employer (or its workers' compensation carrier) also has statutory or
regulatory responsibilities that they must comply with. For example, in
Minnesota, an employer must offer rehabilitation counseling services to any
employee who has an injury that has resulted in 60 days of lost time from work.
The offer must be made within five days after that threshold has been reached.
However, if the employee sustained a back injury, they only need lose 30 days
of work in order for the employer to be required to offer rehabilitation
counseling. In Missouri, however, an employer must offer vocational
rehabilitation within 120 days if the injury resulted in a loss of suitable
gainful employment.
Note: The laws regarding the responsibilities of both employers and
insurers vary by state. Make sure that you have reviewed your state's laws and
that you understand both your rights, and your responsibilities.
In some states, an employer may be required to pay for items such as tuition,
living expenses, room & board, child care expenses, and travel expenses in
addition to regular wage loss benefits while an employee is participating in
certain vocational rehabilitation programs.
In some states 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.