Workers injured on the job usually recover and return to their jobs. But unfortunately some employees suffer debilitating injuries, and as a result have long-term or permanent limitations that make it much harder if not impossible to return to their former occupations.
The Illinois Workers’ Compensation law protects seriously injured workers by providing vocational rehabilitation services such as on-the-job training, resume and job-application help, labor market surveys, job search assistance, career counseling, and education payments.
If an injured worker is not fully recovered or able to return to the job following medical treatments, vocational rehabilitation potentially comes into play if the injuries diminish the worker’s job abilities to such an extent that they cannot be reasonably accommodated by the employer.
Under Illinois court rulings, three key factors determine if vocational rehabilitation is necessary:
1. The work-related injury has caused a reduction in earning capacity, and evidence shows rehabilitation will have a positive impact;
2. The injured worker’s job security is diminished because of the injury;
3. It is likely that the rehabilitation will enable the employee to successfully get hired after completing the training.
Under Illinois law, the factors weighing against vocational rehabilitation include evidence that rehabilitation has been unsuccessfully tried in the past with the injured worker, or that the worker’s skills without rehabilitation are sufficient to allow him or her to get hired.
The vocational rehabilitation services vary from case to case. An employer (or its insurance carrier) might be required to pay for a vocational expert to assess the job market for a worker, and to help place the injured worker in suitable new employment.
In other circumstances, vocational rehabilitation could require an employer to retrain the injured employee for some other occupation, or to pay for further education.
An injured worker – at the risk of losing workers’ compensation benefits – must reasonably cooperate in the rehabilitation program. This means attending appointments with the vocational rehabilitation counselor, completing assignments and follow-up tests, and applying for jobs as required. The injured worker would be wise to document in detail each action he or she takes during the rehabilitation plan in the event the insurance company decides to contest benefits payments.
If you or a loved one has suffered a serious injury on the job and you think you are entitled to vocational rehabilitation, it’s important that you consult with an attorney to assess your legal rights. For answers to questions about your workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.
