Sometimes, a workplace injury is so severe that an employee cannot return to their previous job duties or another position with their employer, even with accommodations. When this situation occurs, the worker could be entitled to vocational rehabilitation. Vocational rehabilitation services provide programming designed to help disabled workers land a new job, including job search assistance and training to enter a new line of work or industry.
All requests for vocational rehabilitation must be approved by the workersā compensation insurer or the Maryland Workersā Compensation Commission. If the insurance company denies your request, a Maryland vocational rehabilitation lawyer from Trollinger Law LLC can help you understand your right to benefits and assist with any hearings to pursue approval. Call or contact us today for a free consultation.
What Is Vocational Rehabilitation?
Under Marylandās workersā compensation system, an injured worker who cannot return to their pre-injury job due to prolonged or permanent disabilities may request vocational rehabilitation as a workersā comp benefit. Vocational rehabilitation counselors review the case and may recommend various services to help an employee return to the workforce, such as:
- Vocational assessments to determine their aptitude and capability to perform other jobs
- Job placement services
- Vocational counseling
- Retraining
- On-the-job training
- Coordination of medical services
Why Would a Worker Need a Maryland Vocational Rehabilitation Lawyer?
Workers may need a Maryland vocational rehabilitation attorney from Trollinger Law LLC when they face resistance from the workersā compensation insurer after requesting vocational rehabilitation services. Our lawyers can advocate for your rights to assistance seeking new employment, including filing claims with the Maryland Workersā Compensation Commission to obtain approval for vocational rehab.
For years, injured workers have turned to us for help with vocational rehabilitation claims because:
- Our law firm focuses heavily on workersā compensation claims, giving us an edge in helping qualifying workers seek vocational rehabilitation.
- We offer one-on-one attention and a personable environment to help clients feel comfortable and supported throughout their cases.
- Our experienced workersā compensation attorneys have a proven track record of achieving favorable case results for Maryland employees.
If you need employment support services but are having trouble getting it through workersā compensation, itās wise to consult a vocational rehabilitation lawyer as soon as possible.
Who Decides If I Need Vocational Rehabilitation for a Work Injury?
To request vocational rehabilitation, you must provide documentation from your treating physician that you cannot return to your same job, even with modified duties, and that you will not make further recovery.
If the insurer agrees that you cannot return to your old job, it will approve your request for vocational services. However, if the insurer denies your request, you can file a claim with the Maryland Workersā Compensation Commission. The Commission will schedule a hearing to review the facts of your case. If a commissioner determines you cannot return to your previous position, they can approve vocational rehabilitation as a path to find ways to re-enter the workforce, ideally at a job that allows you to earn the same (or as close to the same amount of money) you did before.
Vocational Rehabilitation Process
When you receive approval for vocational rehabilitation, youāll be assigned to a counselor who oversees your services. The vocational rehabilitation process involves several stages:
- Meet your vocational counselor ā The counselor will perform a vocational assessment documenting your background, physical limitations, and other information relevant to your employability, including prior work experience, personal interests, and hobbies.
- Develop a plan ā Your counselor will come up with a vocational rehabilitation plan based on your interests and preferences. The plan will identify potential jobs or industries you may enter and the services you need to secure one of those jobs. Your vocational rehabilitation plan will also outline activities you must undertake, such as filing a minimum number of job applications or contacting a minimum number of potential employers. The overall goal is to find a way for you to obtain suitable gainful employment despite your limitations.
- Review and approval ā If you or the workersā compensation insurer object to any portion of the vocational rehabilitation plan developed by the counselor, the Commission will hold a hearing to determine the appropriateness of the plan.
- Get started ā Once approved, you can begin your job search or training.
As long as you fulfill your obligations under the vocational rehab plan, you can continue to receive workersā compensation benefits at the temporary total disability rate.
Common Challenges in Obtaining Vocational Rehab Services
Disabled workers seeking vocational rehabilitation services may face various challenges when pursuing their benefits, including:
- Proving an inability to return your pre-injury job ā Workers need compelling evidence to prove they cannot return to their old job, no matter their employerās accommodations.
- Getting approved for vocational rehab services ā Disabled workers may face pushback from the workersā compensation insurer when requesting vocational rehab. The insurer may not want to assume the cost and argue the worker can return to work with the proper modifications.
- Requesting retraining when an initial job search fails ā When workers cannot find new employment compatible with their current education and skills, they may pursue vocational rehabilitation training to seek a different job or enter a new industry. However, parties may dispute whether the workerās current job search truly failed, with an insurer arguing that the worker should continue looking rather than pursue training in a different job or industry.
How Long Can I Get Vocational Rehabilitation Training?
You can receive a maximum of two years of vocational rehabilitation training. However, the length of your training will depend on the specific training program you enter, as many vocational rehabilitation training programs last less than two years.
Contact Our Vocational Rehabilitation Attorneys Today
Trollinger Law LLC provides proven legal representation to injured workers throughout Maryland. If you need help with a vocational rehab request or denial, contact us today for a free consultation with an experienced vocational rehabilitation lawyer.
