Illinois Workers’ Compensation Vocational Rehabilitation Benefits

Experienced Chicago-Based Attorneys

A serious work-related injury or illness can have a devastating effect on an Illinois worker’s future. Some incidents are so severe that the employee cannot return to their previous job. This will dramatically affect their earning capacity. If you are in this situation, you can apply for Illinois workers’ compensation vocational rehabilitation benefits. 

At Il Work Injury Lawyer, we can help you secure the coverage you need if you can no longer return to your previous role due to a workplace injury accident. 

What Is Vocational Rehabilitation in Illinois Workers’ Compensation Cases?

Under the Workers’ Compensation Act (820 ILCS 305), hurt or sick employees can file for benefits for medical expensesand lost wages. However, a third category of benefits is available if you must seek new employment: vocational rehabilitation coverage. 

These benefits are designed to help injured employees return to gainful employment if they cannot return to their previous roles. A workers’ comp claim can pay for the expenses related to training or learning skills to find a new job. 

When Does Vocational Rehabilitation Apply?

Vocational rehabilitation services do not apply until the injured worker has reached maximum medical improvement (MMI), but still has restrictions that prevent them from returning to their old job. 

Here are a few examples that may result in vocational rehabilitation benefits from a workers’ compensation claim:

• A construction employee who is now restricted from lifting heavy objects
• A machinist is restricted from standing for long periods
• A typist who has contracted Carpal Tunnel Syndrome and can no longer perform computer-related tasks

What Vocational Rehabilitation Services Are There?

Workers’ compensation benefits can cover expenses related to the following vocational rehabilitation services:

• Vocational counseling and job placement assistance
• Job retraining and skills development programs
• Education to prepare for a new occupation
• Resume and interview preparation support
• Work hardening programs to build stamina for specific job demands
• Certification processes required for the new role

Who Qualifies for Vocational Rehabilitation in Illinois?

Any employee who has suffered a work-related injury that causes a permanent reduced work capacity may be eligible for vocational rehabilitation coverage. However, you must meet the eligibility requirements under Illinois law. These standards will include medical restrictions being confirmed by a treating physician and an inability to perform pre-injury work duties. 

Your employer and their insurance carrier will likely be responsible for paying these costs so you can seek new employment.

How Are Vocational Rehabilitation Workers’ Compensation Benefits Paid?

An employee receiving benefits for vocational rehabilitation may be paid similarly to temporary total disability benefits. These payments are regular, weekly expenses covered by the insurance company. You will receive these awards while participating in an approved vocational rehabilitation program.

If there is a dispute over the eligibility of the rehabilitation plan, the issue will be overseen by the Illinois Workers’ Compensation Commission (IWCC). 

Common Disputes in Vocational Rehabilitation Workers’ Compensation Cases

In many Illinois workers’ compensation cases, insurance companies will dispute aspects of the claim to avoid the maximum payment. Some of the most common disputes related to vocational rehabilitation services include:

• What is covered under the scope of the training?
• How long should the benefits last?
• Can the employee return to work without retraining?

Our top workers’ compensation attorneys can play a crucial role in negotiating a realistic rehabilitation program. Several factors that will play a role in creating this plan and receiving compensation for it include the availability of medical evidence, job abilities evaluations, and vocational expert testimony.

These data points will help demonstrate why you cannot return to your old job and need training to become an employee in another position. 

How to Request Vocational Rehabilitation in Illinois

If you want vocational rehabilitation coverage to be included in your workers’ compensation claim, you must follow these steps to adhere to the proper procedures under Illinois law:

• Notify your employer of your work restrictions, backed by medical care documentation
• Request a vocational rehabilitation plan from the employer’s insurer
• File a petition with the IWCC to resolve the issue if the employer refuses to pay
• Consult our top-rated firm for assistance in building a strong case

How IL Work Injury Lawyer Can Help

Our legal team can make all the difference in securing compensation. Work injury attorneys from our firm maintain an A+ grade from the Better Business Bureau. Our head attorney who is a contributing author for the National Law Review. 

As a top-rated law firm serving clients across the state, IL Work Injury Lawyer will protect the rights of injured employees, ensure they receive the quality training or education they need for job searches, and fight insurer efforts to cut corners on the rehabilitation process. 

Book a Free Consultation

Our expert lawyers know the best strategies for applying vocational rehabilitation coverage in Illinois workers’ compensation cases. We will investigate your work-related injury, assess your current earning capacity, assess maintenance costs, and determine the compensation you are entitled to. 

IL Work Injury Lawyer works on a contingency fee basis, which means you owe nothing unless we win. We also support the workforce by offering a free consultation before proceeding with legal action. 

If you are facing lost wages, a reduction in earning capacity, or required training for a new job after your injury accident, contact us today to schedule a free case evaluation.