There are times when a person suffers an on-the-job injury, yet at some point during or after their recovery, they can return to their position or to another position within the company. Other times, this is not possible. When this happens, it may be necessary for the injured employee to receive vocational rehabilitation and retraining to be able to work in a different field.
This means that the individual may qualify for rehabilitation and retraining benefits. Consulting with an experienced workers’ compensation lawyer can prove quite valuable when determining benefits eligibility. The attorneys at Meshbesher Law Firm can help you qualify and take the necessary steps to start your benefits.
To help an injured worker re-enter the workforce, workers’ compensation rehabilitation and retraining benefits cover a number of services. Common services include:
There may be additional services available to you. For instance, the employer might be required to pay for your tuition, travel, books, reasonable travel costs to go to and from interviews, and moving expenses if you find a job in another city.
There are several players involved when determining if a person may be eligible for these benefits. The employee, employer and treating doctor may need to provide information. When a person is eligible to receive rehabilitation services, all involved parties work to draw up, agree to and sign a rehab plan. The services are then provided to successfully complete the plan.
You may be eligible if any of the following apply:
A rehabilitation consultation will occur if you need help returning to work, looking for a new job if your injury employer can’t accommodate your restrictions, or even training for a new job. During this consultation, you meet with a qualified rehabilitation consultant (QRC). The QRC reviews your medical restrictions, career history, and current work options. Their job is to determine whether you are likely to be able to return to your old position, take another role with your employer, or find new work.
The QRC usually obtains information from you, your employer, and your doctor to gather details. They’ll explain your rights during the rehabilitation process. If you qualify for rehabilitation, the QRC will write up a consultation report within 14 days. From there, the QRC will help you create a plan that specifies services you might need, including things like job placement, skills training, or retraining.
Retraining programs can give you the chance to start a new career if, due to your injury related restrictions, you will not be able to secure employment that is comparable to your date-of injury job. These programs might include technical school, college classes, or certifications for other fields. The goal is to place you in a job that matches your skills and provides a stable income that approximates what you were earning at the time of injury.
In Minnesota, a retraining plan is part of the rehabilitation process. It is based on medical and vocational information developed by the QRC. If approved, retraining benefits can cover tuition, books, fees, and related costs. Depending on the nature of the plan, wage loss benefits can be paid during the retraining program. If you qualify, a retraining program can open doors to new opportunities and help you regain financial independence. Retraining benefits are far from automatic, though, and insurance companies very often dispute the need for them and refuse to pay without litigation– so experienced legal representation is key.
You have specific rights when you participate in a vocational rehabilitation program in Minnesota. Importantly, you have the right to choose your own QRC. If you don’t choose your own QRC, it is up to the insurance company to choose for you. At the Meshbesher Law Firm, we always recommend that you select your own, and we will give you guidance on this. If you don’t select a QRC at the start of the program, you can request a change within 60 days after your rehabilitation plan is filed. In some cases, you can ask to switch QRCs later as well.
You also have the right to expect your QRC to disclose in writing any ties they might have with your employer, insurer, or medical providers. You have the right to see copies of your rehabilitation plan, reports, and progress records. You can request changes to the plan, too, if necessary.
You have the right to control access to your medical information during retraining. The QRC must get your permission to attend medical visits, obtain records, or speak with your providers. You, often through your attorney, also have the right to ask the DLI for help if disputes arise about your rehabilitation services.
If you were disabled on the job and are unable to perform your old job, or there is no work for you with your employer, you may be able to receive rehabilitation and retraining benefits. Let us help you determine if you qualify for these benefits. Send the firm an email or call us for a free consultation at 612-349-5215. We represent injured workers throughout Minnesota.
