Back injuries and repetitive motion injuries such as carpel tunnel syndrome are among the most common work-related injuries for which workers' compensation benefits are paid. Contact an attorney to determine whether you have a valid claim.
Learn More About Workers' Compensation Law
In Atlanta and the surrounding parts of Georgia, injured workers turn to the lawyers at the law firm of Palanca & Lanzisera for help. To find out more about how we handle these cases, please visit our workers' compensation page.
If you would like to learn more about the law itself and how it applies to these cases, we have provided extensive information below for you to review. When you are prepared to discuss your case more specifically with an experienced attorney, contact us for a free consultation.
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With more than a decade of experience on our side, we know the steps to take to see that you get the benefits you are entitled to in your workers' compensation case.
What Are the Vocational Rehabilitation Rights of Injured Workers?
Vocational rehabilitation is the process of rebuilding work skills as part of recovering from an injury or illness. Sometimes an injured individual can eventually return to his or her previous job. If an injury places long-term or permanent limitations upon the person, retraining for a new type of job may be necessary. Depending upon the law of your state, if you require vocational rehabilitation after a job injury or industrial illness, your employer or its workers' compensation insurer, or the state, or some combination of these three resources may be required to pay for your vocational rehabilitation services as part of your workers' compensation benefits.
If you or a loved one was injured or sickened on the job, consult a knowledgeable attorney as soon as possible at Palanca & Lanzisera in Atlanta, Georgia, to learn what types of workers' compensation benefits your state allows, including vocational rehabilitation.
Examples
The amount and types of vocational rehabilitation provided to injured employees vary from state to state. Some of the vocational-rehabilitation services to which an injured worker may be entitled include:
- On-the-job training
- Transferable-skills analysis and testing
- Resume and job-application services
- Interview coaching
- Labor-market surveys
- Job analyses
- Job-search assistance
- Wage-assessment evaluations
- Counseling
- Ergonomics assessment
- Americans with Disabilities Act (ADA) reasonable-accommodation assistance
- Education and tuition payments for retraining
The actual vocational-rehabilitation benefits to which an injured employee will be entitled are determined not only by the employee's specific situation, but also by state statutory and regulatory limitations.
Employee Responsibility
In many states, employees have a responsibility to accept appropriate vocational rehabilitation services. Inherent in this responsibility is the requirement that the employee cooperate with vocational-rehabilitation efforts and make a valid attempt to return to suitable employment. Other states have different types of requirements. In certain states, for example, an injured employee is not required to participate in either physical rehabilitation or vocational rehabilitation, but a refusal to participate may affect eligibility for other workers' compensation benefits.
- Warning to Employees: Depending on the state, if an employee does not cooperate with rehabilitation service providers, the workers' compensation carrier may reduce, if not suspend, wage-loss benefits during the time the employee refuses services. There may also be other negative consequences.
Employer Responsibility
Employers or their workers' compensation carriers may have statutory and regulatory responsibilities related to vocational rehabilitation. For example, a state may require an employer to offer rehabilitation counseling services to any employee who has injuries that result in a particular amount of lost time from work and the offer must be made within a certain number of days after the threshold has been reached. The details of such requirements may vary depending on the type of injury.
In some states, an employer may be required to pay for items such as tuition, living expenses, room and board, child-care expenses and travel expenses in addition to regular wage-loss benefits while an employee is participating in certain vocational-rehabilitation programs. Sometimes only specifically qualified individuals are allowed to provide vocational rehabilitation assistance to injured workers. For example, only individuals who are Certified Rehabilitation Counselors (CRCs), Certified Disability Management Specialists (CDMSs) or Certified Case Managers (CCMs) may provide vocational-rehabilitation assistance to injured employees in some jurisdictions.
Conclusion
The laws regarding the vocational-rehabilitation responsibilities of employers, insurers and claimants vary by state. If you or a loved one has a work-related injury or disease, a skilled lawyer at Palanca & Lanzisera in Atlanta, Georgia, can answer your questions about the right to vocational rehabilitation.
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