How to Return to Work After 1/1/04

Sunday, November 7, 2004 | 0

This article is primarily geared toward injured workers in California with dates of injury January 1, 2004 and after. It will also offer some information to those injured workers with dates of injury before January 1, 2004. The intent of the article is to provide basic information concerning the new law in California and how it affects return to work issues for injured workers.

Injured on the job? Where do I turn?

If you are injured or become ill because of your job, you may be entitled to workers' compensation benefits. This may even include mental impairment and injuries caused by workplace crime.

The time after a job-related injury can be very challenging for injured workers and their families. What is needed is support and help by others who care. It is important to let everyone around you know you need support, not judgment, and are doing what you can to get on with your life. With this type of caring from those around you, people with injuries can more quickly regain an income and sense of self-worth.

Can I return to work at my regular workplace after my injury?

This is often the best thing for you, as long as you are talking with your treating doctor about any limitations you have. The doctor needs to have a good idea of what it is you are asked to do in your job so they can know if it is right for you. A job description or job analysis listing what you do would help the doctor make a decision.

Talk with your claims adjustor and also set up a meeting with your employer to discuss other work that may be suitable for you. The type of work could be modified duty, by making some changes to some of the things about your job.

It might be alternative work, using other skills and abilities you may have from other types of work you have done in the past before working at your company.

The modified duty or alternative work may be temporary or it may be ongoing. It depends on the nature of your injury or illness and your company and what they are able to do. Again, a job analysis or description listing the physical duties would be in order.

What if I can't return to work at my company because my employer does not offer "modified duty" or "alternative work"?

If your employer doesn't have modified or alternative work to offer you, you may qualify for one of the following benefits, described below. The actual benefit will depend on your specific date of injury.

Injuries BEFORE January 1, 2004?

You may be eligible for Vocational Rehabilitation Benefits (VR) if your treating doctor states your injury or illness prevents you from returning to your usual and customary job and your employer doesn't offer modified or alternative work.

If you qualify, your claims administrator will pay the costs up to a maximum set by state law. This may include costs for a counselor to assist you in finding a job and educational coursework or retraining to help you build the skills needed to do a new type of job.

I have written a two-part article series on "Vocational Rehabilitation, What To Expect" which can be found in the Injured Workers section on workcompcentral.com. The series gives detailed information on how the vocational rehabilitation process works.

Injuries ON or AFTER January 1, 2004?

You may be eligible for a "voucher". The official name of the voucher is the Supplemental Job Displacement Benefit (SJDB)). If you do not return to work within 60 days after your temporary disability ends, and your employer does not offer modified or other work, you may qualify for a voucher. This voucher can only be used for vocational retraining and/or skill enhancement at a State approved school. If you qualify, the claims administrator will pay the costs up to the maximum set by State law.

The voucher amount is based on your permanent disability rating. The higher your rating is, the higher the voucher amount. Voucher amounts range from $4000 to $10,000. Vouchers can be used for tuition, books, and fees related to your direct education costs.

Up to 10% of the voucher can also be used for career counseling. The claims administrator will send you the voucher form, indicating the amount that is available to you.

What kind of Counseling is available for injured workers who qualify for the Supplemental Job Displacement Benefit? A Vocational and Return to Work Counselor (VRTWC) can help you find an appropriate vocational goal and a state approved school. The Counselor can also help you figure out what you might enjoy and be good at doing.

Counselors can tell you what different jobs pay and which jobs are most available in your area. Talk with your doctor and find out your exact limitations so that any vocational planning will lead you to a goal that will be physically appropriate for you.

You have had enough frustration so this is important.

How do i pay for a counselor?

The cost of the counselor is paid from the voucher monies. Up to 10% of the voucher amount can be used for counseling fees to help you with your return to work plans and decisions.

What benefits may I receive while attending school? That depends on a lot of things. You may be able to receive permanent disability benefit payments while in school. You may also qualify for payments through State programs such as unemployment or disability insurance. Schools may also have grants and student loans available to assist you with living expenses while attending.

The Counselor can review a list of resources with you and direct you to other local services that may be able to help you. It will require research on your part to find out what assistance you may qualify for. On the other hand, it will help you reach your goal of getting back to work sooner and with less frustration.

How can i go about finding a counselor to help me?

You want to be sure you are picking a counselor that meets the highest professional standards in terms of education and experience. Also, you want a counselor from an organization that has a "peer review process".

This assures that there are disciplinary guidelines and rules for reviewing and processing alleged professional standard violations of the membership.

There is a group in California called CARRP, the California Association of Rehabilitation and Reemployment Professionals who are dedicated to helping injured workers. They have written a free brochure for injured workers. All CARRP professional members are required to meet standards of professionalism and CARRP has a peer review process in place.

There is a toll free number you can call and they will give you a list of counselors in your area as well as approved vocational training schools: 888-887-1106 any time of the day!
1. Leave your name, address and telephone number on the answering machine.
2. You will get a list of counselors and approved schools in your area that are CARRP members.
3.You can also visit the CARRP website at www.carrp.org. Click on the injured worker section. You will find more helpful information there.

Free information about workers' compensation is also available from Information and Assistance Officers at the office of the State Division of Workers' Compensation (DWC). You can visit them or you can hear recorded information. Call (800) 736-7401 for a list of local offices. You may also go to the DWC website at www.dir.ca.gov. Click the link to Workers' Compensation.

For names of workers' compensation attorneys, call the State Bar of California at (415) 538-2120 or go to their web site at www.californiaspecialist.org. You may also contact the California Association of Applicant Attorneys (CAAA), whose members specialize in Workers' Compensation. To get a list of CAAA members in your area, call (800) 459-1400 or go to their website at www.caaa.org.

Article by Jamie Charter, CARRP newsletter editor. Jamie is a vocational consultant with 21 years of experience and posts frequently on the workcompcentral.com Injured Worker Forums. The California Association of Rehabilitation and Reemployment Professionals has been KEEPING CALIFORNIA WORKING since 1975.

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The views and opinions expressed by the author are not necessarily those of workcompcentral.com, its editors or management.