Rehabilitation
There are two aspects to workers compensation rehabilitation rights.
- The first is medical or physical rehabilitation, which applies to any physical therapy or care needed to physically overcome the injuries sustained in the job related accident.
- The second aspect is vocational rehabilitation, which will allow for job training and other associated expenses or costs if the injured employee is unable to return to their previous job.
Consult a workers compensation attorney in your state who can help you determine if you are eligible for vocational rehabilitation. Some of the benefits of vocational compensation include job training, testing to determine possible job skills, job application or résumé compilation expenses, labor market surveys, job search assistance, counseling concerning vocational rehabilitation, eduction and tuition payments pertaining to new job training, and others.
In most states, you must accept the new vocational training in order to be eligible for benefits. You must make an effort to find new employment and you must genuinely attempt to acquire the skills needed to do so. Some states will suspend or even revoke your wage loss benefits if you do not cooperate with vocational rehabilitation service providers, but not all states require or even provide vocational rehabilitation. Other states, such as California, allow up to fifteen years after the injury in which to request vocational rehabilitation, but it must be requested.
Some employers or workers compensation insurance companies must fulfill certain obligations to you in regards to your vocational rehabilitation. Your employer may be required to offer you vocational rehabilitation if your injury results in a certain number of days of lost work. This time frame may vary from state to state, and depend on the type of injury you have sustained. Your employer may also be responsible for compensation for expenses associated with vocational rehabilitation, such as living expenses, child care, tuition, and loss of wages.
Many states limit the entities who can provide vocational rehabilitation services. Some states require the use of registered certified rehabilitation counselors or disability management specialists. Other approved professionals may be required to participate in your rehabilitation in order for you to qualify for vocational rehabilitation benefits. The requirements vary from state to state. If you are required to participate in or are considering participating in vocational rehabilitation, your workers compensation attorney will be an invaluable tool in ensuring your compensation benefits are within the legal compensation parameters owed to you by law.
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