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Help in Returning to Work - '94

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).
  1. What is vocational rehabilitation?
  2. How do I find out if I'm eligible for vocational rehabilitation services?
  3. What if the job my employer offered does not work out?
  4. What if my employer does not offer me a job?
  5. Can I receive cash instead of vocational rehabilitation services?
  6. If I accept vocational rehabilitation, what should I expect?
  7. What income do I receive if I accept vocational rehabilitation?
  8. What are the limits of vocational rehabilitation?
  9. What if I'm already enrolled in a college or university?
  10. What other services or benefits could I receive as part of the vocational rehabilitation benefit?
  11. What are my responsibilities?
  12. What are the claims administrator responsibilities?
  13. How do I request assistance from the DWC Rehabilitation Unit?
  14. Should I have an attorney represent me? How much will it cost?
  15. What other rights do I have?
  16. 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