The object of vocational rehabilitation and retraining is to help people who have suffered an injury or illness rebuild their skills. It may even be possible for an injured worker to return to their previous job. If you have long-term or permanent injury limitations, there is a possibility that you can also be trained and return to work in a different type of job. While laws vary from state to state, you may be entitled to payment for your vocational rehabilitation services through workers’ compensation benefits. Payment may be required from your employer, the state, your employer’s workers’ compensation insurer, or a combination of these three.
Where to start:
It is the company’s obligation to hire a vocational counselor to retrain you if your doctor finds that you are unable to return to work . However, many insurance companies will simply send you out on job searches for minimum wage employment.
Under Illinois court rulings, three key factors determine if vocational rehabilitation is possible:
1. A reduction in earning capacity is the result of the work-related injury, and evidence shows rehabilitation will have a positive impact
2. The job security of the injured worker is diminished as a result of the injury
3. There is a likelihood that the retraining or rehabilitation will enable the employee to successfully get hired after completing the training.
Under Illinois law, the factors which weigh against vocational rehabilitation include any evidence that rehabilitation has been unsuccessfully tried in the past with the particular injured worker, or that the worker has sufficient skills without rehabilitation that would allow them to return to work.
At this point an injured worker in Illinois should consider consulting with their attorney and hiring their own vocational counselor. A counselor can recommend schooling, apprenticeship programs and retraining rather than simple job searches. The injured worker’s attorney can then petition the Workers’ Compensation Commission to adopt any retraining the injured worker desires. In addition to the basic benefits an injured worker should be recieving, they may be able to be retrained in a new career.
The law offices of Bradley Dworkin has successfully forced many insurance companies to retrain injured workers. Insurance companies are simply interested in minimizing the cost of your claim, but we are here to get you the assistance you deserve. For additional information on pursuing vocational retraining for a return to work, or any work injury inquiry, please contact us today!
DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Bradley S. Dworkin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.