The Short Answer
Vocational rehabilitation in workers' compensation is a service that helps injured workers return to the workforce when they can no longer perform their previous job. The insurance company must agree to provide these services, or your attorney can request the NC Industrial Commission order them to do so. A rehabilitation specialist will evaluate your condition and create an individualized plan — which may include job training, job placement, or further education. It's critical that you cooperate fully with the process, because the Industrial Commission can suspend your benefits if you refuse without a justified reason.
To have vocational rehabilitation services provided, the insurance company must agree to provide the job training or appropriate rehabilitation. If they do not agree to provide these services then the injured worker, usually through their attorney, can request the Industrial Commission require the insurance company to pay for these services. At this point, a rehabilitation specialist will evaluate you and your condition. At that point, they will give you a tailored assessment and an individualized plan based on your needs. You will then start with whatever solution has been agreed upon, whether that means you have specific job training, they place you in an entirely new job, or you go to school to further your career.
Should the employee refuse to accept the services, or just plain will not cooperate, at any point during the vocational rehabilitation services when ordered by the Industrial Commission; the Industrial Commission can bar the employee from further compensation. This will happen until the employee decides to cooperate with the Industrial Commission. During the period of suspension, the employee will not receive benefits either, unless for some reason the Industrial Commission feels that the refusal was justified. To ensure you continue to receive your compensation during workers’ compensation it is important to carefully follow all of the rules. If you have any questions then you should contact your workers’ compensation attorney.
Key Takeaways
- The insurance company must agree to provide vocational rehabilitation, and if they refuse, the injured worker can ask the NC Industrial Commission to require it.
- A rehabilitation specialist will conduct a personal evaluation and build an individualized plan that may include job training, new job placement, or schooling.
- If the Industrial Commission orders vocational rehabilitation and you refuse to cooperate, your workers' compensation benefits can be suspended until you comply.
- Benefits suspended for non-cooperation may be restored if the Industrial Commission determines your refusal was justified.
- Working with a workers' compensation attorney gives you the best chance of securing these services and protecting your benefits throughout the process.
