An important part of many Wilmington, NC, workers’ compensation claims is vocational rehabilitation. If you are injured, you should understand workers’ compensation vocational rehabilitation and how to protect your rights.
Our experienced Wilmington workers’ compensation lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain vocational rehabilitation in Wilmington, NC, workers’ compensation claims.
What Is Vocational Rehabilitation in Workers’ Compensation?
Vocational rehabilitation in workers’ compensation helps the injured worker return to suitable employment and improve wage-earning capacity. The goal is to return the person to their pre-injury wages or as close as possible.
Vocational rehabilitation services assess the employee’s situation and the job market. It then provides the employee with education, training, and other assistance to facilitate a successful return to gainful employment.
When Are Injured Workers Eligible for Vocational Rehab Benefits?
An injured worker is eligible for vocational rehab benefits under three circumstances:
- The employer requests it.
- The employee hasn’t returned to work.
- The employee has returned to work but isn’t earning 75% of their pre-injury wages and is receiving partial disability compensation.
Education or training received must be reasonably likely to substantially increase the person’s income capacity.
When can a worker engage in vocational rehabilitation services in Wilmington, NC?
Vocational rehabilitation services can occur at any point in a workers’ compensation case. The individual does not have to reach maximum medical improvement first.
Your rights in Wilmington, NC
Wilmington, NC, is a mid-size city in New Hanover County, North Carolina, located on the Cape Fear River and the Atlantic Ocean. There is considerable industry in the area, with tourism being an important part of the economy.
Laws for workers’ compensation in Wilmington, including vocational rehabilitation, fall under North Carolina workers’ compensation laws.
Services Included in Workers’ Compensation Vocational Rehabilitation
Workers’ compensation vocational rehabilitation services may include job training, education, and job placement. Specific services may include:
- Vocational assessment
- Career exploration
- Workshops or community-based employment training
- Counseling to adjust to work or on-the-job training
- Labor market survey
- Job modification
- Placement services, development
- Testing, skill analysis
- Training for the job search process
- North Carolina community college or university training
Vocational rehabilitation services should prioritize returning the employee to suitable employment with the current employer. If that’s not possible, the next goal is to return the employee to work with a different employer.
How Vocational Rehabilitation Workers’ Compensation Works in Wilmington, NC
Vocational rehabilitation in workers’ compensation usually begins with an assessment. An approved provider reviews the individual’s circumstances, including their medical situation, to evaluate the person’s vocational potential. The evaluator then creates a plan for services.
The employer pays for vocational rehabilitation services in the same way they pay for medical benefits.
The parties may mutually agree on a provider; however, if they can’t agree, the employer chooses the provider. You may ask the NC Industrial Commission for a change in providers if there is good cause.
Can You Refuse Vocational Rehabilitation in NC?
If you refuse vocational rehabilitation as part of your workers’ compensation case in North Carolina, your benefits end. You’re barred from receiving additional workers’ compensation until you participate. The only exception is if the Industrial Commission finds that your refusal was justified.
If your benefits are cut off, the notice letter should outline the actions to take to reinstate them.
How Vocational Rehab Affects Your Workers’ Compensation Settlement
Vocational rehab can affect your workers’ compensation settlement in several ways. It may increase your settlement if the cost of education and job development is included. The amounts that the employer would otherwise pay for these services can be a part of the settlement.
On the other hand, vocational rehab can lower a workers’ compensation settlement, as it can improve a person’s ability to work. This can ultimately reduce or end future payments.
The timing of your settlement can also impact how vocational rehab may affect it. An experienced lawyer can create a case strategy to maximize your compensation.
Common Issues with Vocational Rehabilitation Providers
Common problems that may occur in workers’ compensation vocational rehabilitation include the following:
Employer refusing to provide
The employer can require a worker to participate in vocational rehabilitation services. But the employee can also request it. Even though you have a right to this rehab, it is not uncommon for an employer to refuse to provide these services.
Too few benefits
An employer might imply they are providing vocational rehabilitation, but may do very little to assist the employee. The rehabilitation professional might conduct a brief evaluation but offer little practical support.
Failing to provide vocational rehabilitation workers’ compensation in good faith is a common problem.
Inappropriate requests
The employer may make vocational rehabilitation overly burdensome, requesting time-consuming training or education that you’re not qualified to complete. They may not accurately assess the job market.
These demands can lead to hardship and frustration with the workers’ compensation process.
Cutting off benefits
Employers may use vocational rehabilitation to cut off benefits. Claims of non-compliance can be used to terminate all benefits.
Note: If you receive a notice of suspended benefits due to alleged noncompliance with vocational rehabilitation, you can contest it. But you must work quickly. You must file an objection in writing within 14 days of the notice being filed with the Commission. The Commission may allow additional time, but it’s at their discretion, and you must work quickly to protect your rights.
How a Wilmington Workers’ Compensation Lawyer Can Protect Your Rights
A Wilmington workers’ compensation lawyer can determine if you qualify for vocational rehabilitation and ensure you receive the benefits that you deserve. They can evaluate whether to continue benefits through the employer, negotiate a settlement, and assist you with specific issues that can occur with vocational rehabilitation providers.
Horton & Mendez, Injury & Car Accident Attorneys, represent injured workers in Wilmington, NC. We handle claims involving vocational rehabilitation. Call or message us now.
