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Vocational
Rehabilitation Benefits for Workers
Injured after January 1, 1994.
Click
here for: Spanish
Version
The Workers' Compensation
Laws of California. Title 8, California
Code of Regs. §10133.2(a).
- What
is vocational rehabilitation?
- How
do I find out if I'm eligible for vocational
rehabilitation services?
- What
if the job my employer offered does
not work out?
- What
if my employer does not offer me a job?
- Can
I receive cash instead of vocational
rehabilitation services?
- If
I accept vocational rehabilitation,
what should I expect?
- What
income do I receive if I accept vocational
rehabilitation?
- What
are the limits of vocational rehabilitation?
- What
if I'm already enrolled in a college
or university?
- What
other services or benefits could I receive
as part of the vocational rehabilitation
benefit?
- What
are my responsibilities?
- What
are the claims administrator responsibilities?
- How
do I request assistance from the DWC
Rehabilitation Unit?
- Should
I have an attorney represent me? How
much will it cost?
- What
other rights do I have?
- Click
here for some helpful numbers.
What
is Vocational Rehabilitation?
Vocational rehabilitation is a workers'
compensation benefit that helps injured
workers return to work.
You qualify for vocational rehabilitation
if you can no longer do your old job,
and your employer does not offer you another.
If you qualify, a plan to return you to
work will usually be developed by a vocational
counselor, with assistance from you and
your claims administrator, the person
who is handling your claim for your employer
or your employer's insurance company.
California law limits the amount of money
for rehabilitation services.
2.
How do I find out if I'm eligible for
vocational rehabilitation services?
When you are off work for 90 days, your
claims administrator will give the doctor
who is treating you a job description
which lists the exact duties you perform
at work.
Your claims administrator will ask you
for your help in preparing this job description.
This is to make sure that your doctor
has an accurate picture of your job duties.
Your participation is very important,
because if you do not assist, the claims
administrator may send your doctor the
employer's description of your job.
If you need help filling out the job description
form, you may contact the Division of
Workers' Compensation (DWC) information
and assistance office. (See list
for the phone number of the office nearest
you).
Once your doctor reports whether you can
return to your job, you will receive a
letter from the claims administrator and
a copy of the doctor's final report.
If you are unable to return to your old
job your employer will decide whether
you can return to other work with your
disability. You should receive a notice
in about a month.
You will not qualify for rehabilitation
services if you reject or fail to accept
within 30 days, your employer's offer
of suitable work.
3.
What if the job my employer offered does
not work out?
You may still be entitled to rehabilitation
services if the job doesn't last for 12
months or your disability prevents you
from performing the tasks.
If you have concerns, talk to your employer,
claims administrator, or information and
assistance officer.
4.
What if my employer does not offer me
a job?
You will receive an offer of vocational
rehabilitation services. You have 90 days
to accept. You may ask for an evaluation
to help you decide.
If you want services but can't start immediately,
you should let your claims administrator
know and ask about the possibility of
delaying services.
If you do not wish rehabilitation at all,
you may decline these services by signing
a form. This ends your employer's obligation
to provide rehabilitation services at
a later date.
5.
Can I receive cash instead of rehabilitation
services?
No. California law does not permit vocational
rehabilitation benefits to be traded for
cash.
6.
If I accept vocational rehabilitation,
what should I expect?
You and your claims administrator can
choose an agreed upon counselor who will
develop a rehabilitation plan for you.
This can include job modification, job
placement assistance, short term training,
and self-employment possibilities‹whatever
is the best way to return you to work.
You also have the right to request a change
of counselor.
7.
What income do I receive if I accept vocational
rehabilitation?
If you are receiving temporary disability
payments when you start vocational rehabilitation,
you may continue receiving them until
your doctor reports your condition is
"permanent and stationary." When this
occurs, you will then receive a maintenance
allowance of up to $246 per week.
There is a 52 week limit to the maintenance
allowance, so it is better for you to
start your rehabilitation as soon as possible.
You may also receive advance payments
of permanent disability benefits to supplement
the maintenance allowance.
8.
What are the limits of vocational rehabilitation?
The California Legislature has placed
very strict limits on rehabilitation plans:
- The
plan must be completed within 18 months.
- Vocational
rehabilitation maintenance allowance
payments are limited to a total of 52
weeks.
-
Once you agree to a plan, changes are
limited.
- Total
costs, including maintenance allowance,
counseling fees, services and expenses,
are generally limited to $16,000.
9.
What if I'm already enrolled in a college
or university?
If you are already enrolled and have made
substantial progress toward a degree or
certificate at a community college, state
university or the University of California,
you may be able to waive the services
of a rehabilitation counselor. Funds normally
paid for counseling may then be used to
help pay for the college or university
program in which you are enrolled. Contact
the DWC Rehabilitation Unit for details.
10.
What other services or benefits could
I receive as part of the vocational rehabilitation
benefit?
- Transportation
allowance at a rate specified by the
State of California.
- Specific
costs required for your rehabilitation
plan, such as the cost
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