Cooperation is Needed to Continue Vocational Rehabilitation Benefits
Not every work injury, or every workers’ compensation case, involves vocational rehabilitation benefits. These may come into play after you have had your maximum medical recovery, and you are still unable to return to your old job. If your employer cannot accommodate your new work restrictions, then you may be a candidate for vocational rehabilitation services.
These services help to identify and develop your skills to so you may regain employment. It may involve targeting your talents to come up with options for employment, job training in other areas, education, resume writing, and job searches. But for a successful rehabilitation program, and for the payment for it to continue, the employee must cooperate fully.
In a recent case, an Illinois worker was denied benefits for vocational rehabilitation, because his job search efforts were insufficient. The records of his actions did not contain any facts supporting the award of benefits for a rehabilitation program. There was no indication of what positions he had applied for, who he had contacted, or whether the jobs fit within his physical limitation. There was no support in his record for paying him benefits for vocational rehabilitation.
Similarly, in another case, a worker had his benefits terminated, because he did not cooperate with the rehabilitation plan. During the period of his rehabilitative counseling, he did not follow through with what he was told to do. Namely, he did not get his GED, he did not research job interests, he missed an interview, and he also did not dress properly for an interview. Because of the lack of cooperation with his plan, he lost his benefits.
Not only is it important to fully cooperate with your vocational rehabilitation plan, but you should also be prepared to prove what actions you have taken. If you have been awarded vocational rehabilitation benefits, you should keep a careful record of all of your efforts. The details that you document can help you later if the insurance company tries to claim you failed to cooperate, and terminates your benefits. As long as you cooperate, they should not stop paying. But if there is a disagreement as to whether you are fulfilling your obligations, you will need to be able to show evidence detailing what you have done. Even if you have not been successful in getting a job, you will want to be able to show as many specifics as possible about how you followed the plan, including the jobs you have applied for and been rejected from.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
