Injured Employees Do Not Have to Stand for Vocational Counselors Pushing Them Around
Posted by
Robin MartinekAugust 24, 2007 4:36 PMOftentimes, as a workers' compensation attorney, I have clients come in facing termination of their compensation payments for failure to cooperate with vocational rehabilitation counselors. Many times, this "refusal" to cooperate is merely misunderstandings between the vocational counselor and the injured employee.
Some tips on dealing with Vocational Rehabilitation Counselors:
1. Consult with your attorney regarding your rights and responsibilities under vocational rehabilitation.
2. If you have an attorney, make sure they are aware of everything that happens.
3. Make sure that your vocational rehabilitation specialist is fully aware of all restrictions provided by your treating physician, and update those restrictions if they change. Many vocational rehabilitation specialist improperly rely on the information provided by the insurance carrier.
4. Make sure the vocational rehabilitation specialist is aware of any other challenges that you face, such as lack of formal education, inability to read, or health issues apart from your injury or occupational disease. Your employer hired you with those conditions.
5. Document, Document, Document. Document all activities performed by you and all instructions provided by your vocational rehabilitation specialist.
6. Be aware that vocational rehabilitation specialists are required to abide by Rules issued by the North Carolina Industrial Commission. If you are concerned that your vocational specialist is not following the Rules, consult with your workers' compensation attorney immediately. One very important rule from the Rules to remember is:
The [Vocational Rehabilitation Professional] shall not initiate or continue placement activities which do not appear reasonably likely to result in placement of the injured worker in suitable employement.
7. Your vocational rehabilitation specialist should never speak to you about settling your case or compromising your case with the insurance company.
8. Never tell vocational rehabilitation you do not want to return to work. The key is showing cooperation and enthusiasm no matter your ability to actually return to work.
9. Conduct your own job search. Contact potential employers to discuss opportunities and ask if they can accomodate your restrictions. Document these contacts and response.
10. Return phone calls from the vocational rehabilitation specialists.
As with any legal case, we suggest you speak with your attorney regarding vocational rehabilitation, but sometimes following some simple guidelines and showing courtesy can save you from the pain and anguish of fighting an insurance company who is trying to terminate your benefits. These guidelines can also help you if that fight does come, because you will be prepared to contest their allegations.
For more information on this subject matter, please refer to the section on Workers Compensation.