VOCATIONAL
REHABILITATION
The goal of "Vocational
Rehabilitation" is to get injured employees back to work as
soon as possible. Louisiana Revised Statute 23:1226(B) states:
B. (1) The goal of
rehabilitation services is to return a disabled worker to
work, with a minimum of retraining, as soon as possible after
an injury occurs. The first appropriate option among the
following must be chosen for the worker:
(a) Return to
the same position.
(b) Return to a modified
position.
(c) Return to a related
occupation suited to the claimant's education and marketable
skills.
(d) On-the-job training.
(e) Short-term retraining
program (less than twenty-six weeks).
(f)
Long-term retraining program (more than twenty-six weeks but
not more than one year).
(g)
Self-employment.
In practice, "Vocational Rehabilitation" is
usually a three step process:
-
First, the Workers' Compensation insurance
company must find out whether the company you were working
for when you were injured will let you come back to work.
In the past, injured employees were concerned
that their employer would bring them back to a "light-duty" position
created just for them and then "lay them off" after a few
weeks, claiming that no further Workers' Compensation benefits
should be paid because they had "proven" that the employee
could work. Thankfully, this tactic has become less common. It has become more complex and risky for an employer
to provide an injured employee with a modified job and then
later terminate the employee. This is especially true if it's
clear that your medical condition will never allow you to return to the type of work that
you were doing before your injury. Depending
on the extent of your residual disability and the amount of
time you've been out of work, the Americans With Disabilities Act
or the Family & Medical Leave Act may be substantial factors in your employer's decision
about whether to allow you to return to work. A few employers have
extensive "light duty" programs, but those employers are the
exception, not the rule.
The more common issue that arises is that the doctor selected
by the employer may release the claimant to essentially
unrestricted work, while the claimant's treating doctor
continues to keep the claimant on restricted duty. The
employer will then agree to allow the claimant to return to
work in their old job with no restrictions. Additionally, the
insurance company will tell the employee that work is
available, so they are terminating Workers' Compensation
benefits. Thousands of Louisiana Workers' Compensation claimants face
this situation each year.
-
If your employer will not allow you to go back
to work for their company, the Vocational Rehabilitation Expert hired
by the Workers' Compensation insurance company may ask to meet
with you for an interview. The purpose of the interview is so
they can ask you questions about your interests, goals and personal
circumstances. They may also ask you to undergo basic skills
testing. They may even help you prepare a resume.
-
The Vocational Rehabilitation Expert will
then prepare a list of available jobs which they say match your current physical capabilities and skills.
This list of jobs is often referred to as a "Labor Market
Survey." The Vocational Rehabilitation Expert may
also provide the list of job to your doctor and the company
doctor and ask
the doctors to provide an opinion about whether you can
perform the positions. If you actually apply for all of the
positions and no one offers you a job, the Vocational
Rehabilitation Expert may prepare a new list. This is usually
where the "Vocational Rehabilitation" process ends.
The
assistance of a Vocational Rehabilitation Expert can be an
excellent asset in helping a person with a disability find a
job. But in a Louisiana Workers' Compensation claim, the
Vocational Rehabilitation Expert works for the insurance
company, not the injured employee. They are selected, hired,
managed and paid by the insurance company. In fact, their
primary role in a Louisiana Workers' Compensation claim is to provide testimony as
an expert witness for the insurance company in an attempt to convince
the Court that the injured employee can return to work.
If you are
contacted by a Vocational Rehabilitation Expert, this usually means that the insurance company is preparing to reduce or
stop your benefits. The Vocational Rehabilitation Expert will
attempt to minimize the amount of benefits that you receive by
assisting the insurance company in identifying jobs that they
will allege are available within your physical restrictions
and general geographic area. This may happen even through your
treating physician says that you are still unable to go back
to work.
Your
contact with a Vocational Rehabilitation Expert can be one
of the most important parts of your Workers' Compensation
claim. Handled poorly, it may result in:
-
the
termination or drastic reduction of your disability
benefits.
-
the
termination of your pre-injury job and no new job offers.
-
the
poisoning of your relationships with your doctors.
-
loss of the
opportunity to achieve a fair settlement of your claim.
On the
other hand, handled correctly, your contact with a Vocational
Rehabilitation Expert may result in:
-
continuation of your disability benefits until your claim is
settled or you return to work.
-
genuine
assistance with finding a satisfactory new job even though
you may have a long-term disability.
-
a fair and prompt settlement of your claim.
If you
believe that you continue to have a medical condition that
prevents you from returning to unrestricted work, or if you
are interested in discussing settlement of your claim, contact our office for more information or a
free consultation.
