Understanding Vocational Rehabilitation in North Carolina Workers’ Comp Cases

When you suffer a serious work-related injury such as a construction accident, the path forward can feel overwhelming, even with traditional workers’ compensation benefits such as wage replacement payments. Now, suppose you learn that you suffer permanent physical limitations that will prevent you from ever returning to your previous occupation. Alternatively, suppose your employer won’t take you back. That’s when things start getting downright scary.

There is still hope, however. One of the lesser-known benefits of the North Carolina workers’ compensation system is vocational rehabilitation, which kicks in under these circumstances. If you were a carpenter, for example, you might need to transition to a desk job due to a back injury that prevents you from performing heavy lifting. Vocational rehabilitation can guide you through the process.

Applicable law

Section 97-32.2 of the North Carolina Workers’ Compensation Act and

Subchapter 10C of the Rules for Utilization of Rehabilitation Professionals govern the workers’ comp vocational rehabilitation system. The North Carolina Industrial Commission (NCIC) adjudicates any disputes that may arise. Although many decisions are left to the discretion of the parties involved, these decisions must always conform to the statutory and regulatory framework.

What is vocational rehabilitation?

Vocational rehabilitation is a structured, individualized plan designed to help you find “suitable work” after a job-related injury prevents you from returning to your old job. This plan is tailored to your particular capabilities, limitations, and goals. Its primary objective is to identify a realistic and sustainable career path for you.

Getting started

The vocational rehabilitation enrollment process begins when a panel of people, including your doctor and your employer, determine that you cannot return to suitable employment without vocational assistance. Your doctor usually confirms that you have reached maximum medical improvement (MMI), which is the point where further medical treatment is unlikely to result in improvement of your condition.

Your doctor will also outline your permanent restrictions. At that point, your employer or your insurance carrier will refer you to vocational rehabilitation.

The nuts and bolts of the process

The vocational rehabilitation process includes:

• Assessment of your vocational skills, education, and aptitude.
• Identification of factors that might prevent you from returning to work. These might include physical limitations such as a back injury or skill deficits such as a lack of English language proficiency.
• Identification of ways you can improve your position in the job market. This might mean learning new skills, obtaining certifications, or enrolling in vocational training that might improve your job prospects.
• Enrollment in college or university programs if appropriate.
• Job counseling and resume development.
• Assistance in identifying job opportunities, conducting a job search, and preparing for interviews.

This is not an exhaustive list of the services that workers’ compensation may offer you. The thread that ties it all together is the goal of helping you obtain “suitable work.”

What is suitable work?

The concept of suitable work is the cornerstone of the vocational rehabilitation process. Under North Carolina state law, suitable work is work that does not make demands beyond your physical and mental limitations. It accounts for your experience, education, and skills, and is reasonably attainable given your current abilities and the state of the job market.

You cannot wait for the perfect job to arrive. Nevertheless, you are not required to accept just any job. You are on safe ground accepting only work that aligns reasonably well with your skills, experience, and inclinations.

How long does vocational rehabilitation take?

There is no strict timeline for vocational rehabilitation. Factors that influence the length of vocational rehabilitation include:

• The severity of your disability.
• Your capabilities.
• The goals of your individualized vocational plan (see below).
• Whether workers’ compensation is retraining you, re-educating you, or simply helping you find a new job.

A ballpark estimate of the length of the typical vocational rehabilitation program is six months to two years. With the approval of the NCIC, however, vocational rehabilitation can last more than two years.

What is a vocational rehabilitation professional?

A vocational rehabilitation professional is the individual responsible for guiding you through the vocational rehabilitation process. Not just anyone can become a vocational rehabilitation professional. They must adhere to strict ethical and professional guidelines set forth in North Carolina state law. Their primary responsibilities include:

• Conducting objective assessments of your skills, abilities, and limitations.
• Creating your individualized vocational plan.
• Monitoring and reporting on your progress.
• Ensuring that all of your activities comply with medical and legal restrictions.

Your employer or your insurance company will choose your vocational rehabilitation professional. Nevertheless, it is their job to act in your best interests, not in your employer’s best interests or the insurance company’s best interests. Acting in your best interests doesn’t necessarily mean doing everything you want. It just means acting in a manner that is best for you in the long run.

Individualized vocational plans

Shortly after you enroll in vocational rehabilitation, you should receive your Individualized Vocational Rehabilitation Plan (IVRP). This document should include:

• Your capabilities and limitations.
• The education or training you will pursue.
• Milestones and timelines.
• Target job outcomes.

All relevant parties should have input on this plan, including you, your doctor, your employer, and the insurance company. However, it may be approved even over your objections if it meets the appropriate regulatory standards. It can be modified as circumstances demand. A detailed and realistic plan is the key to success in vocational rehabilitation.

Failure to cooperate

North Carolina will penalize you if you fail to cooperate with vocational rehabilitation without a valid reason. And why wouldn’t you want to cooperate? Well, you might prefer the label of permanent total disability along with the benefits it offers. Your non-cooperation must be significant (not minor), and it must be clearly documented. You have the right to challenge any penalties.

Penalties might include:

• Suspension of your workers’ comp benefits.
• Termination of the vocational plan.
• Denial of future vocational services.
• Adverse ruling on your claim by the NCIC.
• A weakening of your position in negotiations, as the employer or insurer may argue you are not entitled to further benefits.

How a workers’ comp lawyer can help you

The vocational rehabilitation process can be confusing and adversarial. Don’t assume that your employer or the insurance company will act in your best interests. An experienced workers’ comp lawyer can help by:

• Ensuring that the IVRP is fair and realistic.
• Challenging any attempt to force you to accept unsuitable employment.
• Taking any disputes before the NCIC if necessary.

You will need a workers’ comp lawyer as early in the process as possible, preferably prior to the initiation of vocational rehabilitation.

Do you need an experienced workers’ comp lawyer?

If your injuries are serious enough to require vocational rehabilitation, you probably do. A major claim is going to generate strong resistance. Price Petho & Associates are Charlotte, NC workers’ comp lawyers who will fight relentlessly until you receive every dime of compensation you deserve. Contact us at your earliest convenience to schedule a free initial consultation.