A qualified injured worker may be entitled to vocational rehabilitation services. In general if a worker is injured on the job and cannot resume his usual occupation following his injury he can qualify for vocational rehabilitation services. These services are not available to workers who accept modified or light-duty work assignments from their employers. If the employer does not offer work alternatives then the employee is eligible for vocational rehabilitation services, job training and job placement assistance. In order to be classified as a qualified injured worker, the injury must be considered permanent to the degree that the injured employee is unlikely to be able to resume the same position he or she was employed at during the time of injury. The employee must also be reasonably expected to be able to work in a new position following vocational rehabilitation services. What Is a Qualified Injured Worker In California? If a worker is injured on the job and can no longer work in his or her usual occupation following an injury, he or she may qualify for vocational rehabilitation services. These facilities are not made available to workers who are prepared to accept modified or light-duty work assignments offered by their employers. If the employer is not prepared to offer any work alternatives then the employee should qualify for job training, vocational rehabilitation services and job placement assistance. To qualify as a qualified injured worker, the injury needs to be permanent so that the injured employee isn’t likely to return to the same job he or she was employed to do when the injury took place. The employee is expected to take up employment work in a new position after engaging in vocational rehabilitation services. What is a qualified injured worker according to CA law? A qualified injured worker according to CA law means that you are permanently unable, or likely to be unable, to engage in your usual employment in the position in which you worked at the time your injury took place. When an employee is injured in the workplace in California, he or she is required to report the injury within thirty days following the date of injury as directed by Labor Code Section 5400, which is California’s workers’ compensation law. If the worker who has been injured in California loses wages because he or she cannot perform his or her normal job duties due to the injury, the injured worker may qualify for temporary disability benefits. If the injured worker never fully recovers from his or her injury, he or she may be qualified for permanent disability benefits as a permanent disability is any lasting disability caused by a work injury or illness that affects the injured worker’s opportunity to earn a living. How Can Legal Counsel Be Beneficial? If you have been injured on the job and you do not think you will be able to resume your normal job duties it may be beneficial to get representation from an attorney. An attorney can help you negotiate with your employer to see if you qualify for a modified work assignment. If this is not feasible, your attorney may be able to help you get access to vocational rehabilitation services so you can get training to do another job you are capable of performing. Your attorney can also help connect you with job placement resources after you have completed vocational rehabilitation services. Having legal representation can help you get the benefits you are entitled to and help make the transition process proceed more smoothly. To speak with a workers' compensation attorney, please fill out our Free Case Evaluation.
