Vocational Rehabilitation in Pennsylvania Workers’ Compensation Cases

Workers’ compensation benefits in Pennsylvania are designed to cover wage loss and medical expenses for injured employees. Employers often aim to have their employees return to work promptly to minimize the financial impact. However, in situations where an employee is partially disabled, returning to their pre-injury job may not be feasible. This is where vocational rehabilitation becomes relevant in workers’ compensation cases.

Understanding Vocational Rehabilitation

In many instances, the employer’s insurance company will refer the injured employee to a vocational rehabilitation company. The primary objective of these companies is to facilitate the employee’s return to work, thereby reducing the employer’s liability for compensation benefits.

Vocational rehabilitation involves training and counseling tailored to help injured employees re-enter the workforce in a capacity that accommodates their injury-related limitations. Specialized agencies typically provide this training, conducting vocational interviews to assess the employee’s skills and limitations due to their injury. These interviews also consider the employee’s work history and educational background to recommend suitable job opportunities.

While vocational rehabilitation may seem advantageous for both employer and employee, it often serves the insurance company’s interests. Insurance companies generally use vocational rehabilitation to pressure employees into returning to work, regardless of their readiness.

The Role of Vocational Counselors

Vocational counselors play a crucial role in determining an employee’s earning capacity. They prepare labor market surveys to demonstrate that jobs exist within the labor market that the injured worker could perform. These surveys list potential jobs that match the employee’s skills and restrictions, even if there is no guarantee that such jobs are currently available or that employers would hire an injured worker.

Insurance companies use these labor market surveys to argue for suspending or reducing the employee’s compensation benefits. They contend that the possibility of work exists within the employee’s restrictions, regardless of the actual availability of job openings.

Who Truly Benefits from Vocational Rehabilitation?

Primarily, vocational rehabilitation benefits the insurance companies. Although vocational interviews identify potential jobs for the injured employee, these jobs may not be practically available. The insurance companies’ ultimate goal is to reduce or suspend the worker’s benefits to cut their own costs, rather than to support the employee’s recovery.

Insurance companies leverage vocational interview results to argue that wage loss benefits should be suspended or reduced, based on the theoretical availability of suitable jobs. However, it is important to note that these results do not impact the payment of medical benefits. To suspend wage loss benefits, the insurance company must file a petition in court and litigate the issue.

Participation in Vocational Rehabilitation

Injured workers are generally required to participate in vocational rehabilitation once the insurance company initiates the process. Failure to comply can lead to the insurance company filing a petition with a judge to mandate participation.

Injured workers should approach vocational rehabilitation with caution, as these programs primarily serve the insurance company’s interests. Despite appearing beneficial on the surface, vocational rehabilitation often aids the insurance company in building a case to reduce compensation benefits.

Contact an Experienced Workers’ Compensation Attorney

At Stern & Cohen, our experienced workers’ compensation attorneys can collaborate with medical experts to contest the findings of vocational interviews. We strive to demonstrate that the injured worker is not fully recovered and cannot perform the jobs identified by the vocational counselor. Medical experts can provide testimony to support the worker’s inability to engage in the recommended employment.

If you or a loved one has been referred for vocational rehabilitation, contact us at (215) 999-1443 or reach out through our contact form. We offer a free initial consultation to discuss your workers’ compensation case and provide the support you need.

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