What Are Workers' Compensation Vocational Rehabilitation Benefits?

Wednesday 18 June 2014


Each year millions of workers are injured in on-the-job accidents. While many of those injured workers will be able to return to their existing job after a period of recovery, some injured workers are injured to an extent that they are unable to return to their pre-injury job. In these situations, the injured worker may be able to receive vocational rehabilitation benefits under the applicable state workers’ compensation program in order to help him or her obtain a new job.

Injured workers are generally entitled to various workers’ compensation benefits, as determined by state law, when they are injured in an on-the-job accident, regardless of who was at fault. While the specific terms of the benefits, including amount and length of time the benefits are available, vary from state-to-state, injured workers are typically entitled to the following benefits:

• Medical expenses
• Temporary total disability (TTD) if the employee is unable to work while recovering
• Permanent total disability (PTD) or permanent partial disability (PPD) if the employee is unable to work at all
• Vocational rehabilitation benefits
Temporary total disability, permanent total disability, and permanent partial disability benefits are usually based on a percentage of the employee’s pre-injury wages and will be subject to certain limits, as determined by state law. 

In some cases, an injured worker may be able to receive vocational rehabilitation benefits, in additional to financial compensation benefits. Vocational rehabilitation benefits are most often awarded in those situations in which an injured worker cannot return to his or her pre-injury job but is capable of performing a different job. Vocational rehabilitation benefits may include services such as: occupational counseling, assistance with job searches, job search programs, vocational retraining, and educational classes at an accredited learning institution.

Most states impose certain requirements on injured workers in order to receive vocational rehabilitation benefits, however. It is important that employees know and understand their workers’ compensation rights and obligations so that they can receive the benefits that they are owed, and comply with the applicable legal requirements to continue receiving the benefits. For instance, if an injured worker fails to adhere to the established vocational rehabilitation plan, or misses appointments with his or her vocational counselor, he or she could forfeit any additional vocational rehabilitation benefits. 

A workers’ compensation lawyer can be instrumental in helping an injured worker obtain the benefits to which he or she is entitled, and educating the injured worker on his or her obligations.

ABOUT THE AUTHOR: Howard Ankin of Ankin Law Office, LLC
Howard Ankin of Ankin Law Office LLC focuses on workers’ compensation and personal injury cases.

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Source: hg.org

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