Should you waive voc services?

My rant for the day .. If you have a Labor & Industries claim – do not EVER waive vocational services.  I can not think of a single situation where it would benefit an injured worker. If you come and see me only after you have waived voc services, and your claim is closing, there is very little I can do to help you.

 

To be clear, I’m talking about declining to participate in early intervention, vocational assessment, or in plan development services. I am not talking about taking the new Option 2 benefit after your retraining plan has been submitted and approved by the Department. There are some interesting reasons to take the Option 2 benefit, rather than participating in a retraining program. That’s a topic for another day.

 

I’m talking about those workers who for whatever reason sign some type of form saying they decline vocational services, understand they can consult an attorney, (please do!) and further understand their time loss benefits will stop. No good can come of signing this waiver. Any attorney will tell you not to sign it.  You are making the Department’s job easier. You are allowing your claim to be closed without an assessment of whether you can return to work.  Whether your employability is a foregone conclusion, or is hotly disputed, never just walk away from the issue. 

 

Make the Vocational Rehabilitation Counselor do their job. Maybe you’ve already returned to work. Fine, let the VRC close vocational services because you are working. Maybe the VRC will conclude you have transferable skills and can return to some type of work. We can dispute that determination if we disagree with it. Maybe the VRC will recommend plan development. If they do, develop a training plan even if you aren’t really interested in retraining and returning to new work. If nothing else, after the plan is approved you have the choice of retraining or taking the Option 2 benefit, with it’s 6 months of additional benefits. Why give that up?

 

Most importantly, don’t take legal advice from a well-meaning doctor, the vocational counselor, or your buddy. They are not going to understand the hole you are digging for yourself by waiving vocational services. Don’t sign a waiver, see an attorney.

Light Duty Work

I  am asked a lot of questions about light duty work.  If you are injured at work and your employer offers you light duty work, what should you do?

 

Well, first and foremost, the statute requires the employer to provide to your physician a statement describing the available work in terms which will allow the physician to determine the physical activities of job. The physician then determines whether the worker is able to perform the work described.  You are also to be provided with a copy. So, if you get a phone call from your employer asking you to report to light duty work, ask for the written description and ask whether it has been provided to your physician, and whether your physician has approved it. Sometimes this paperwork flies around fairly quickly by Fax, so you might not be aware the job description was sent to your doctor. Ask for a copy.

 

If there is a written job description, and it has been approved by your medical provider – do you have to report to work? The choice is yours, of course. However, if you decline  light duty work which has been approved by your physician your time loss benefits will stop. And, it will be hard to get them reinstated. Not impossible, but very difficult.  You are better off reporting to work.

 

There are some things to keep in mind if you are returning to light duty work with your employer after an injury.  First, this is not necessarily a bad thing. It may help your recovery to stay active, working a few hours a day can help ease you into a return to regular work. Staying connected to the work force reduces long-term disability.  Returning to light duty or modified work may preserve your benefits including health care, pension contributions, vacation pay and the like.  In most cases, workers will be better off financially if they return to work with their employer, even part-time work, sooner rather than later.

 

Making sure your physical restrictions and limitations are honored is your responsibility. If you are asked to do something outside your restrictions, politely decline. If you don’t enforce your restrictions, no one else will. If you are consistently asked to do work which exceeds your limitations, speak to a supervisor, and tell your attending medical provider. Your doctor may decide to pull you off the light duty work if you are doing tasks which place you at risk of reinjury or will slow your recovery.

 

Most employers are genuine in their desire to get you back to work, keep you connected to the work force, reduce your lost wages, and ultimately return you to regular work. I said ‘most’ not ‘all’. There is no rule of law which requires your employer to be nice to you. Some won’t be. Some will be rude, some will give you demeaning work, some will belittle you in front of your co-workers. They want you to quit. They want to trump up a reason to fire you for violating a company rule. If  you are fired for cause or quit light duty work which was approved by your physician, your time loss benefits will not be reinstated. At least, not without a fight.  These bad apple employers do not want you around. If they can not get you to quit, or find a reason to fire you for cause, the light duty work will likely evaporate and you will be eligible for time loss again. In the meantime, mutter karma, karma, karma under your breath, enforce your physical restrictions, and concentrate on your recovery.