Vocational Rehabilitation, RTW and WC: What every employer should know

What is vocational rehabilitation (VR)?

According to IRMI:

"One aspect of the overall rehabilitation process that focuses on restoring an injured person's physical and mental capacity to perform work in a safe and productive manner. This process is normally geared to individuals whose disabilities permanently prevent them from returning to their prior positions without job modification and is normally overseen by a vocational counselor or therapist. For instances involving work-related injuries, the state workers compensation act establishes the type and range of services that must be provided the injured employee."

 

When is VR utilized?

The use of VR is typically triggered by an employer's inability or unwillingness to accommodate the IW's permanent restrictions.   

As with everything in WC, it is jurisdictionally specific.  Some states, like Minnesota, have regulations that require a vocational rehabilitation consultation if there's a reasonable expectation an IW will be totally disabled for more than 13 weeks.  Other states don't require vocational rehabilitation benefits but allow for them if an injured worker meets specified criteria, such as permanent disability.  

VR is sometimes used to rebut an opinion that an injured worker is permanently, totally disabled.  In other words, a VR specialist would identify jobs that the IW is capable of performing within his/her physical abilities and vocational skill set to disprove an opinion that the IW is incapable of earning any wages as a result of their injury.  The type of disability benefits an IW is receiving, as well as the duration for which they can receive them (total # of weeks) is governed by the state's WC law.  In some cases, converting an IW's benefits to a different status (temporary total to temporary partial) triggers a statutory cap, thereby limiting the amount/duration of benefits an IW is entitled to.

 

What is the goal of VR?

Most of the time, the goal of a VR plan is to restore an injured worker's earning capacity, whether it is through retraining, on the job training, job modification, or other means.  Depending on the jurisdiction, an employer may be required to pay for retraining in order to improve the IW's employability if the employer is unable to accommodate the IW's restrictions. 

What happens if an IW doesn't comply with the VR plan?

In many states, if an IW doesn't comply with the VR plan, their benefits are suspended during the period of refusal.  The goal of the plan is to transition the injured worker into the workforce and any attempt to unreasonably prevent that process may result in the suspension of their benefits.

How do I know what benefits my state offers?

Your first resource is your Eastern claim representative.  They are knowledgeable of the benefits and processes in your particular jurisdiction.  Another handy resource is your state's workers' compensation website.  A list of these websites is provided on our website.