When does workers’ comp pay for vocational rehabilitation?
Workers' Compensation - February 7, 2025 by Horwitz, Horwitz & Associates
Illinois workers’ compensation laws are designed to compensate employees for job-related injuries or medical issues and help them return to working and earning. Sometimes, the workers’ injuries prevent them from returning to their previous jobs, and they need vocational training to rejoin the workforce. A Chicago workers’ compensation attorney from Horwitz, Horwitz & Associates can help you file your claim and pursue the vocational training you are entitled to under Illinois law.
Illinois workers’ compensation laws
Our experienced team can help you file a workers’ compensation claim in Illinois and explain the
five types of workers’ compensation available. We will also explain the additional potential for vocational rehabilitation as provided under the Illinois Compiled Statutes as the law applies to your case.
Under Illinois law, employers must pay for “treatment, instruction, and training necessary for the physical, mental and vocational rehabilitation of the employee, including all maintenance costs and expenses incidental thereto.” Not every employee needs vocational rehabilitation, so that mandate only applies in certain circumstances.
When workers’ comp vocational rehabilitation is warranted
The first goal of workers’ compensation is to get injured employees treated so they can return to health and their jobs. However, sometimes, the recovery possible is only partial, and employees never achieve their pre-injury health status.
Your medical team may determine you have reached maximum recovery and are as healthy as you can expect going forward, even though you still have limitations preventing you from fulfilling your job requirements. If your work-related condition has left you unable to work for more than 120 days in a row and your employer cannot adjust your responsibilities to suit your disability, you may be a candidate for vocational rehabilitation.
How to get vocational rehabilitation services
The Illinois Workers’ Compensation Commission (IWCC) requires employers to work with injured employees and their representation to develop a rehabilitation plan. The plan must also include evidence that vocational rehabilitation will help you find employment and benefit your earning potential.
The plan must be updated at least every four months while you are incapacitated or until the Commission closes your case. The team at Horwitz, Horwitz & Associates can help compile necessary evidence and handle every update.
You can choose the provider of your vocational rehabilitation as long as that provider is considered “reasonable.” Alternatively, you can agree to a service provider of your employer’s choosing. Illinois law requires providers to have “appropriate certifications” attesting to their qualifications.
What workers’ comp vocational rehab includes
Vocational rehabilitation from workers’ comp is typically comprehensive, preparing you for your future employment duties and helping you find a new job situation. Services may include:
- Evaluation of your vocational skills
- Evaluation of your physical, emotional, and intellectual capabilities
- Resume´ preparation
- Training and development of targeted skills
- Enrollment in accredited educational programs
- Job search counseling and supervision
You are still entitled to your maintenance benefits, while workers’ compensation pays for expenses related to your vocational rehabilitation services.
When workers’ comp vocational rehabilitation may be denied
Does workers’ comp pay for vocational rehabilitation all the time? No, insurance companies may refuse to pay under some conditions:
- The employee participated in the vocational services before but without success
- The employee has resumed employment after receiving services from another program
- The employee’s age, skills, or other characteristics may make the vocational services requested unsuitable for them and, therefore, “unreasonable”
- The employee has the skills and abilities needed to secure employment
Approvals also depend on the cost-benefit ratio. Factors analyzed include the number of years the injured employee can continue to work and their ability and inclination to complete the rehabilitation program. Also considered is the potential for further employment options after medical or other rehabilitation.
We can help you through a dispute
You are not without a way forward if the insurance company refuses to pay for your vocational rehabilitation. Insurance companies are businesses. They often prioritize their bottom line over your future well-being. Your Chicago workers’ compensation attorney can guide you toward a profitable future.
We can help you find a vocational counselor and petition the court for payment on your behalf. We will document every move you make–from seeking services to applying for employment–to build a case. Our team has extensive experience with workers’ compensation cases and can take your case before the IWCC to work toward an efficient resolution.
We care about your future
At Horwitz, Horwitz & Associates, we care about your future and are here to help you fight for it. After experiencing a work injury and challenging recovery, you deserve the opportunity to move on and live a productive future.
We offer free case reviews. To get yours, call (800) 985-1819 or send us an online message. We are ready to help you back to work.
