What is Vocational Rehabilitation?

Vocational Rehabilitation is for injured workers who have not returned to work. It involves an Assessment and other services. It exists because L&I can’t close your case until you do or can return to work. See RCW 51.32.095

Who decides if I get vocational services?

If you’re working then you don’t get vocational service. If you are not working then the Department of Labor and Industries or your Self Insured employer will ask a private vocational counselor to do a vocational assessment to look at your employment history and skills. The vocational counselor will send their assessment to your claims manager, and let them know what they think is needed, if anything, for you to return to the workforce. Based on this report, your claims manager will decide whether or not you get vocational services.

What is a vocational assessment?

The assessment is done by a vocational counselor who is paid by the state or self insured employer. There are a number of items the vocational counselor must address in the assessment process. Some of the things a counselor will consider are: 1) Your age, education, and work experience. 2) Your transferable skills. 3) Any preexisting physical or mental conditions that may effect your ability to work. 4) The physical and mental conditions caused by your injury, and any restrictions that arise from your injuries. 5) Your previous work pattern, full time/part time/seasonal, etc.

The vocational counselor will then use this information to decide if you can return to work at your job of injury, or a modified form of the job with your employer at the time of injury. If not they will ask the employer if there is a new job you can do. If the answer is no, the counselor will move on to consider jobs with a new employer based on transferrable skills and physical ability. 

How do they decide if I qualify for vocational services?

Before an injured worker gets retraining he/she must be unable to return to work with his/her employer of injury, in the same or modified position, regardless of pay or benefits. Washington does not have a comparable wage law. Therefore, if the injured worker is physically capable of returning to some form of work with the employer of injury, even at wages that are significantly lower than that earned at the time of injury, he/she is not entitled to vocational retraining. 

Further, if you can not return to work for your employer of injury, vocational retraining will not be provided if you are physically able to return to a position performed at some point in the past, or if you have sufficient transferable skills to allow you to return to the workforce in any capacity. For example a construction worker making $28.00 per hour at the time of the industrial injury may not be entitled to vocational retraining if in the past, he/she worked as a pizza delivery driver, earning minimum wage and it is determined that this worker is now physically capable of being a delivery driver. 

If the assessment report indicates you do not meet any of the above return to work priorities then L&I will conclude that you are not employable and will likely benefit form vocational services. Your next step will be plan development.

What happens if I do not qualify for vocational services?

A great deal of effort is placed in the assessment phase of the vocational process. If even one of the return to work priorities is approved, it will be determined that you, the injured worker, are “employable” and not in need of vocational retraining. If you are found even minimally “employable” by the vocational assessment your benefits can be terminated and the claims manager will then move the claim on to final resolution and claim closure. 

What is Plan Development?

There are very strict time lines that you must be aware of when entering into plan development. Call for legal advice immediately if you are not sure you are being treated fairly.

Once it has been determined that vocational services will be provided, plan development starts. Plan development necessitates on interaction between the injured worker and L&I’s choice of vocational counselor. 

In theory, these two individuals will work together to develop a vocational rehabilitation plan designed to help the injured worker become “employable at gainful employment.” Under Washington Law, however, there are no guarantees of employment at the completion of the plan. Vocational counselors need not find an injured worker a job. They need only establish that the injured worker is employable. 

The vocational plan for an individual worker must be completed and submitted to the department within ninety (90) days of the day the worker commences vocational plan development. 

Any plan must be approved through the Department or self insured employer. There are very strict time lines that you will be asked to cooperate with when entering into plan development. 

My employer just offered me a job, can they do this now?

Yes they can, but you will want to be sure it is a valid job offer. On the date the worker commences vocational plan development, the department or self insured employer shall also inform the employer in writing of the employer’s right to make a valid return-to-work offer during the first fifteen days following the commencement of vocational plan development. To be valid the offer must be for bona fide employment with the employer of injury, consistent with the workers documented physical and mental restrictions.

If this happens time loss money will be terminated effective on the starting date for the job without regard to whether the worker accepts the return-to-work offer. 

If your employer offers a bogus job and you think he will fire you as soon as you return to work or the claim closes, talk to an attorney. 

What kind of training can I get?

Workers should start thinking early about their vocational futures and take the lead in investigation of alternative means of employment. When injured workers understand early on in the process that vocational retraining benefits are available they can focus on successful alternatives. 

Effective January 2008 vocational plans will be more creative because of a new law.  RCW 51.32.099

Costs for vocational plans may include books, tuition, fees, supplies, equipment, child or dependent care, training fees for on-the-job training, the cost of furnishing tools and other equipment necessary for self-employment or reemployment, and other necessary expenses in an amount not to exceed $12,000. 

The duration of the vocational plan shall not exceed two years from the date the plan is implemented.

Do I continue to get time loss if I’m getting retraining?

Yes, the worker shall receive time loss compensation under RCW 51.32.090 and the cost of transportation while he/she is actively and successfully participating in a vocational plan.

What if I don’t want to start my retraining plan right away?

Vocational plan development services are completed within ninety days of commencing. Following submission, the worker shall elect one of the following options:

Option 1: The worker participates in the vocational plan developed by the vocational counselor.  Temporary total disability compensation continues for the duration of the approved plan. 

Once the plan is approved the worker may, within fifteen (15) days of approval of the plan by the department, elect option 2.

Option 2:  The worker declines further vocational services under the claim and receives an amount equal to six months of time loss compensation under RCW 51.32.090. The award is payable in biweekly payments in accordance with the schedule of temporary total disability payments. 

The vocational money ($12,000) remain available for use by the worker for a period of five years. The vocational money is made available by application, for programs or courses at any accredited or licensed institution and can be used for tuition, books fees, etc., without department or self-insurer oversight. 

Option 2 can only be elected once per worker. 

What happens when my plan is over?

Once the vocational rehabilitation is done, either by plan completion or election of option 2, the department will terminate time loss benefits. The department will thereafter close the claim with any permanent partial disability award indicated.