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If an injured worker is permanently injured in a workplace accident and unable to resume work with the former employer, he or she may be entitled to vocational rehabilitation. The goal in workers compensation claims is to restore the injured worker to his or her pre-injury income. Vocational rehabilitation is the path pursued to achieve this objective. Typically, the injured worker meets with a vocational counselor to assess the available job market and develop a plan. This may include assistance with job placement or it may involve enrolling the worker in a retraining plan or course of education.
To be eligible for vocational retraining, the employee must first have submitted the permanent restrictions to the employer. The employer must respond within 60 days whether it has work available or not. “Suitable work” means work that pays at least 90% of the pre-injury income and is in compliance with the established restrictions. If the employer does not have suitable work available, the employee should take the necessary steps to initiate vocational rehabilitation.
If the employee needs to be retrained in order to earn close to their former income, the workers compensation insurance carrier may be responsible for paying a weekly Temporary Total Disability (TTD) benefit for each week the employee is in school. The insurance carrier is also to reimburse for all mileage and meals associated with attending school.
Attorney Laura Tritt focuses her practice primarily in the areas of worker’s compensation and personal injury law. If you have questions about your new or existing worker’s compensation matter, please contact Laura at 920-494-1106, or e-mail her at laura@brabazonlaw.com.
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