Vocational rehabilitation in Delaware workers’ compensation is a program that helps injured workers return to suitable employment when they can no longer perform their pre-injury job because of the work injury. Services may include vocational counseling, job placement, retraining, and labor market surveys. Both the worker and the carrier can request voc rehab services through the Industrial Accident Board process.
If your work injury leaves you unable to return to your old job, you may not have to figure out the next chapter of your career on your own. Delaware’s workers’ compensation system contemplates vocational rehabilitation as a tool to help injured workers transition back to suitable employment.
The Detailed Answer
Vocational rehabilitation can take several forms in Delaware workers’ comp, ranging from a simple labor market survey to a structured retraining plan. The carrier often initiates voc rehab as part of its strategy to reduce ongoing wage-loss benefits, but the process can also benefit the injured worker.
Common Voc Rehab Services
- Vocational evaluation: An assessment of the worker’s transferable skills, education, work history, and physical capacities
- Labor market survey: A list of jobs in the local area that the worker may be physically and vocationally able to perform
- Job placement assistance: Help with resume preparation, applications, and interview practice
- Retraining: Short courses or certifications when prior skills are no longer marketable
How Voc Rehab Affects Benefits
If a labor market survey identifies suitable jobs that pay less than the pre-injury wage, the carrier may use that survey to argue for reduced wage-loss benefits based on earning capacity rather than actual wages. If the survey shows no suitable jobs, the worker may have a stronger argument for ongoing total disability or odd-lot total disability.
Worker’s Right to Voc Rehab
Voc rehab is not always automatic. The Industrial Accident Board can consider whether voc rehab services are reasonable and necessary, and what kind of program is appropriate, based on the medical evidence and the worker’s situation.
Cooperation Requirements
Once voc rehab is in place, the worker is generally expected to cooperate in good faith. Refusing to attend evaluations, declining suitable job interviews, or failing to follow up on legitimate leads can affect benefits.
What This Means for Your Case
Voc rehab can be a double-edged sword. A thoughtful retraining program can genuinely help an injured worker move into a sustainable new career. A labor market survey driven mainly by the carrier’s interest in cutting benefits, on the other hand, can produce a list of jobs that look great on paper but are unrealistic given the worker’s actual restrictions, age, and experience.
If a labor market survey is being used against you, a Delaware workers’ compensation attorney can review the listed jobs, analyze whether they truly match your medical restrictions, and present rebuttal evidence to the Industrial Accident Board.
Related Questions
Q: Who pays for voc rehab?
The carrier generally pays for approved voc rehab services as part of the workers’ comp claim.
Q: Can I refuse voc rehab?
You can object, but unreasonable refusal can affect your wage-loss benefits. Raise concerns through your attorney and the Board rather than simply not participating.
Q: Will voc rehab end my benefits?
Not by itself. Benefits change based on actual or imputed earning capacity, which voc rehab evidence helps establish.
Reading a Labor Market Survey Critically
If a labor market survey is being used against you, look at it carefully. Questions to ask include:
- Do the listed jobs actually exist as described, or are they generic postings?
- Are the physical requirements consistent with your medical restrictions?
- Are the wages realistic for the local market and your education level?
- Is the geographic area reasonable given your residence and transportation?
- Have you actually been offered any of these positions?
A labor market survey that lists jobs the worker physically cannot perform, jobs in another county, or jobs that do not actually exist when investigated can usually be challenged effectively at the Industrial Accident Board.
When Retraining Makes Sense
Retraining is appropriate when the worker’s prior occupation is no longer realistic but a reasonable retraining program could prepare the worker for a new field. Factors that support retraining include:
- Permanent physical restrictions that rule out the prior job category
- Prior education or aptitude that supports learning a new skill
- Demand in the local market for the new skill
- Reasonable program length and cost
Cooperation Without Capitulation
Workers should generally cooperate with reasonable voc rehab efforts to avoid benefit problems. Cooperation does not mean accepting any job at any pay; it means engaging in good faith with the process while preserving the right to challenge unreasonable demands through your attorney and the Board.
When to Talk to a Delaware Workers’ Comp Lawyer
If the carrier has scheduled a vocational evaluation or sent a labor market survey, talk with a Delaware workers’ compensation attorney before the results are used to reduce your benefits. Schuster Jachetti LLP has experience handling vocational rehabilitation issues at the Industrial Accident Board. Learn more about Delaware workers’ compensation, permanent total disability, how long benefits last, and settlements.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.