When a workplace injury causes permanent damage, returning to your old job may not be possible. Fortunately, Wisconsin worker’s compensation is designed to help injured workers rebuild by covering medical expenses and lost wages and, in some cases, providing vocational rehabilitation services to prepare you for a new career. Understanding and using these benefits is vital to ensuring workers who cannot return to their old jobs receive the help and support they need.
Kingree Law Firm is an experienced and highly sought-after Wisconsin worker’s compensation law firm that exclusively represents injured workers in claims for worker’s comp benefits. The worker’s comp team at Kingree Law Firm primarily handles cases outside the Milwaukee area and has earned a reputation as one of the top worker’s comp law firms in the state.
Vocational rehabilitation helps injured workers return to suitable employment when permanent work restrictions following physical or mental injuries prevent them from performing the duties required in their old job. Vocational rehabilitation services include access to training, education, and other resources that assist the injured worker in transitioning to a new job or career.
When a worker is injured on the job and cannot return to work in their previous capacity, or the employer does not have a suitable job within the worker’s permanent work restrictions, a vocational rehabilitation counselor at the Division of Vocational Rehabilitation (DVR) will evaluate their abilities, interests, and transferable skills to develop an individualized plan to help them qualify for a new position. The vocational rehabilitation plan could include classroom training, on-the-job training, or obtaining a new certification to qualify for a new position. However, vocational rehabilitation services are not automatically provided in every claim for worker’s compensation benefits. To qualify, the injured worker must prove they meet specific eligibility criteria.
Vocational rehabilitation services are intended to meet the specific needs of injured workers and to assist them in transitioning to a new job or career. Services and benefits eligible workers may be entitled to include:
Eligibility for vocational rehabilitation benefits depends on several factors, including the nature and severity of the worker’s injury and the extent to which it limits their ability to perform their pre-injury job or return to their time-of-injury employer. If the worker’s injuries create a significant barrier to resuming prior work, the injured worker may qualify for vocational rehabilitation benefits. The DVR should conduct an assessment to evaluate the injured worker’s skills, abilities, interests, and potential for retraining, then create an individualized plan.
Although vocational rehabilitation benefits are a valuable resource, obtaining these benefits is not without challenges. Employers and insurance companies often dispute the need for vocational rehabilitation and the costs associated with these programs. These disputes can result in delays that leave the injured worker without the support they need.
Fortunately, Wisconsin law provides a mechanism for resolving disputes about vocational rehabilitation benefits. Our attorneys are adept at representing clients in retraining claims and ensuring our clients receive the benefits they deserve. Sometimes, vocational rehabilitation benefits have been approved, but workers experience difficulties navigating the vocational rehabilitation process itself. For example, an injured worker may experience problems with the DVR or barriers to completing a training program. Our attorneys can step in to remove these barriers and ensure the injured worker is set up to succeed.
If the injured worker is determined to be a suitable candidate for retraining benefits through schooling—and their claim has not been denied by the worker’s compensation carrier—the injured worker is entitled to receive temporary total disability benefits while they are in school. These benefits are intended to provide financial support throughout the retraining process. Additionally, the worker’s compensation carrier is responsible for tuition, books, meals, and mileage while the injured worker is in school.
These benefits will not be paid if the claim is denied by the worker’s compensation carrier, but they can still be pursued through the appeal process. Our attorneys have the knowledge and experience to help injured workers navigate the retraining system and pursue the maximum benefits available to them. Wisconsin worker’s compensation benefits are not payable for job placement assistance. If job placement assistance is endorsed in the individualized vocational plan and retraining is not endorsed, no money can be claimed against the worker’s compensation carrier for that service.
Kingree Law Firm is committed to helping severely injured workers receive the benefits they deserve. If you experienced a workplace accident or suffered an occupational injury that caused significant lost time from work, permanent disability, permanent wage loss, or if your claim for worker’s compensation benefits was denied, Kingree Law Firm can help. Contact Kingree Law Firm today to schedule an appointment to discuss your situation and how we can assist you.
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