Workers' compensation was invented in Germany in the 1800's, spread to other European countries and to the US in the early 1900's. If you have an employment-related injury or occupational disease, preserve your legal rights by consulting with a skilled workers' compensation lawyer.
Answers to Your Workers' Compensation Questions
If you have been injured at work, you want to make sure you get the full extent of workers' compensation you deserve. As you deal with your employer and insurance company, you may have questions about the process and your rights. At the offices of Richard Wern Lawyers, we can help you find solutions. With offices in North Charleston and St. George, we help injured workers throughout South Carolina.
Focused Counsel in Critical Times
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Depending on the nature of your workplace accident, you may be able to make a personal injury claim above and beyond workers' compensation. With a full-time investigator on staff, our attorneys will explore every opportunity to help you maximize your claim and get proper medical care. Contact us today for a free initial consultation.
Whether you have been injured in an industrial accident or you have suffered an injury after years of repetitive stress, we understand that you have concerns during this critical time. We handle all workers' comp cases on a contingency basis, so you do not have to worry about lawyer fees, allowing you to focus on making a full recovery. Contact us today 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 an attorney as soon as possible at Richard Wern Lawyers in North Charleston, South Carolina, to learn what types of workers' compensation benefits are available, 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.
Speak to a Workers' Compensation Lawyer
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 lawyer at Richard Wern Lawyers in North Charleston, South Carolina, can answer your questions about the right to vocational rehabilitation.
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