For injuries which occur after January 1, 2004, the right to vocational
rehabilitation has been modified dramatically and is limited to a small
voucher system.
However, if an injured worker's injury occurs
before January 1, 2004, and is unable to return to his or her ordinary
and customary employment because of the injury, he or she may be
entitled to vocational rehabilitation benefits.
If an injured
worker is unable to return to his or her ordinary and customary
employment because of the injury, he or she may be entitled to
vocational rehabilitation benefits. Rehabilitation is a method of
providing vocational services to restore the disabled worker to
suitable gainful employment after an injury. This may consist of an
offer of modified work with the employer for at least one year, or
assistance in obtaining employment in a different occupation at a new
employer.
A vocational counselor is provided to assist in the
development of a vocational rehabilitation plan. The rehabilitation
plan depends on the interests, aptitudes, abilities, past experience,
and work limitations of the injured worker. Returning an injured
employee to an appropriate and reasonable level of work for the same
employer is often the best rehabilitation plan. However, if modified
work at the same employer is not offered, placement assistance is
provided if the worker has transferable skills from his or her prior
employment experience. If the qualified injured worker does not have
transferable skills and the employer will not provide modified work,
training may be required. This may be in the form of on the job
training, formal classroom training, or a combination of the two.
Vocational
rehabilitation does not guarantee employment. It provides only an
opportunity to return to suitable, gainful employment. Rehabilitation
should start as soon as the qualified injured worker is capable of
participating in the program, and the worker's doctors are satisfied
that participation will not impede recovery. The rehabilitation benefit
includes payment of counseling fees, training costs, additional costs
associated with vocational rehabilitation services, as well as a
vocational rehabilitation maintenance allowance. The maintenance
allowance begins when temporary disability has stopped and the injured
worker has requested vocational benefits which is indicated by the
treating physician.
For workers injured after l/l/94, the
maximum cost to the employer or the insurance company for vocational
rehabilitation benefits is $l6,000.00. Of this amount, the vocational
counselor can receive up to $4,500.00. As a result of this cap on
rehabilitation benefits, it is advantageous for the injured worker to
begin participating in vocational rehabilitation while still receiving
temporary disability benefits. This is because temporary disability
indemnity is not included in computing the $l6,000.00 cap. Therefore,
the treating physician should make a determination as early as possible
as to whether the injury will permanently prevent the worker from
returning to their pre-injury occupation.
