Does Massachusetts Have Vocational Rehabilitation Services?

Many injured workers want to get back on the job as soon as possible, and Workers’ Compensation may cover programs that facilitate your return to the workforce.

Massachusetts provides vocational rehabilitation (VR) services to hurt workers through the Office of Education and Vocational Rehabilitation (OEVR). VR services attempt to get workers back in their previous positions or with their previous employers, though this is not always possible. Sometimes, VR services include retraining for an entirely new position, which is typically a last resort. If OEVR approves your request for vocational rehabilitation, your employer’s Workers’ Compensation carrier must foot the bill. The carrier might want you to return to work sooner so that it can reduce your lost-wage benefits, and our lawyers can explain the implications and perks of vocational rehabilitation so that you know what to expect from this process. While you complete VR, you can keep getting your normal Workers’ Compensation benefits for lost wages and medical expenses.

Call the Law Office of John J. Sheehan today at (617) 925-6407 to set up a free, confidential case assessment with our Massachusetts Workers’ Compensation lawyers.

Does Massachusetts Offer Vocational Rehabilitation Services to Injured Workers?

The Office of Education and Vocational Rehabilitation facilitates vocational rehabilitation services for injured workers, helping them return to work as soon as possible after an accident or injury. If you get Workers’ Compensation, vocational rehabilitation services could affect your benefits, which is something to keep in mind.

OEVR’s first goal will be to modify your previous position so that you can return to the same level of employment and with the same employer. If that is not possible, the VR process might involve finding a different role with the same employer that considers your injuries and limitations. If that is unsuccessful, OEVR will attempt to find an injured worker another job with another employer and may proceed with retraining if necessary.

OEVR determines eligibility for VR services based on an applicant’s employment, educational, and medical history. If OEVR deems you eligible, your employer’s Workers’ Compensation carrier must arrange and cover the cost of vocational rehabilitation services, including job seeking, job modification, vocational counseling, and retraining costs.

Vocational rehabilitation is not guaranteed for all Workers’ Compensation recipients, nor does it guarantee that you will find new employment after a workplace accident. While you go through vocational rehabilitation, you will still get lost-wage benefits from Workers’ Compensation.

When Do You Qualify for Vocational Rehabilitation Services in Massachusetts?

You can ask for vocational rehabilitation services to help you return to work within two years of getting a lump sum settlement from Workers’ Compensation. If you are eligible to participate in VR and do not, your weekly Workers’ Compensation benefits might decrease by 15%.

Furthermore, your benefits may be temporarily suspended if you do not appear at mandatory meetings with OEVR. When assessing your eligibility for VR services, OEVR may consider various factors, including improvements or changes to your medical condition, information about any lump sum settlements, and your employment history.

Eligibility for vocational rehabilitation services often hinges on whether or not it will be cost-effective and practical. For example, if a worker’s injuries are exceptionally debilitating and permanent, they might not be eligible for vocational rehabilitation because they cannot operate at any earning capacity. In these situations, OEVR might reject applications for VR services, as they are not guaranteed. Another part of VR eligibility is whether or not the Workers’ Compensation carrier has accepted liability for the employee’s injuries and damages. You cannot get vocational rehabilitation services unless you have an accepted Workers’ Compensation claim and can return to meaningful employment after an accident.

Our Boston Workers’ Compensation lawyers can help you request vocational rehabilitation by completing a Department of Industrial Accidents referral form for a mandatory meeting or directly contacting the Office of Education and Vocational Service.

What to Expect from Vocational Rehabilitation Services in Massachusetts

You can think of vocational rehabilitation services as an added benefit of Workers’ Compensation. In addition to lost wages and medical benefits, you can rely on VR services to help you find a suitable position after a workplace injury.

The point of vocational rehabilitation services is to place you in a role you can perform after sustaining a serious injury and getting Workers’ Compensation. VR services benefit insurers and workers alike. Though carriers have to pay for VR services, getting an employee back to work might end their other benefits sooner. Because of this, it is important to consider whether or not to engage in vocational rehabilitation carefully.

VR services focus on getting you back to work efficiently and cost-effectively, and some injured workers might feel pressured into retraining for a role that does not suit or interest them. Having our lawyers by your side throughout this process is crucial to ensure you benefit from vocational rehabilitation in the long run.

Retraining is not the first step of vocational rehabilitation. In fact, it is the last option in these situations. First, OEVR will determine whether you can return to the same level of employment with the same employer or if changes must be made to your responsibilities and role to return to work. OEVR cannot compel your previous employer to let you return to work at a different level of employment or capacity, which is when OEVR may attempt to place you with another employer during VR.

If necessary, vocational rehabilitation services may include resume-building, learning interview skills, job training, counseling, education, and employment counseling. Vocational rehabilitation does not guarantee that you will find employment after a workplace accident in Massachusetts. Still, it can give you the necessary tools and resources for an effective job search.

Call Our Massachusetts Lawyers to Discuss Your Claim Today

Call the Law Office of John J. Sheehan at (617) 925-6407 for help with your case from our Beverly, MA Workers’ Compensation lawyers.