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What Are the Vocational Rehabilitation Rights of Injured Workers?

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Did you know that by the 1920s almost all US states had some type of workers' compensation system? To learn more about your state's workers' compensation laws, contact an experienced attorney.

Chambersburg, Pennsylvania Workers' Compensation Lawyers

At the law firm of DiLoreto, Cosentino & Bolinger, P.C., our attorneys provide experienced representation to workers who have suffered injuries on the job in the state of Pennsylvania. We have more than two decades of experience helping clients file workers' compensation claims and appeal denied claims to get the benefits that they deserve. Learn more about workers' compensation from the information below. Contact our firm today to schedule a free consultation and case evaluation and to get your questions answered.

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If you have suffered an injury on the job as the result of another person's negligence or misconduct, you may be legally entitled to workers' compensation benefits. To learn more about your right to benefits, contact our firm to schedule a free initial consultation and speak with us about your options.

The law firm of DiLoreto, Cosentino & Bolinger, P.C., is located in Chambersburg, Pennsylvania, and provides experienced personal injury and workers' compensation representation to clients in Franklin County, Fulton County and throughout the state. If you have been injured at work, take advantage of your rights today by contacting our firm and scheduling an appointment for a free initial consultation.

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 DiLoreto, Cosentino & Bolinger, P.C. in Chambersburg, Pennsylvania, 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 DiLoreto, Cosentino & Bolinger, P.C. in Chambersburg, Pennsylvania, can answer your questions about the right to vocational rehabilitation.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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