Vocational Training after a Construction Site Accident Injury
Work Injury Lawyer
After a debilitating construction site accident injury, an injured employee may need to re-analyze their career path and new job skills may have to be learned along the way. There are resources to help you accomplish this in most states. Vocational training helps injured workers, who can no longer perform the work they did before their injury, re-train, and educate them for new occupations.
What Is Vocational Rehabilitation?
When an employee is injured on the job, they have the right to seek vocational rehabilitation benefits. Their former employer will pay for their re-education, possibly in an entirely different field, for up to two years. During this time period, the injured employee can continue to receive wage replacement through workers’ compensation. However, to continue receiving benefits, the employee must show continued progress in their program. Unfortunately, some employers will attempt to cut off benefits even to former employees who are upholding their end of the bargain by succeeding in the rehabilitation program. An attorney is usually required in this circumstance.
Employers Shall Pay for Vocational Rehabilitation Only When it is Deemed Necessary
State worker compensation laws require employers to pay for treatment, instruction and training necessary for the physical, mental, and vocational rehabilitation of the employee, including all maintenance costs and expenses. Proving that the training is “necessary” can be difficult, however.
Proof That Rehabilitation is Necessary Falls on Shoulders of the Injured Employee
Receiving workers’ compensation benefits to pay for vocational rehabilitation can be difficult, as the burden of proof that vocational rehabilitation is “necessary” lies with the injured employee. However, there have been legal cases that have set precedent nationally as to when vocational training is necessary. The following criteria may be analyzed to determine if training is acceptable in your specific case:
- Costs and benefits of the program.
- Work life expectancy.
- Motivation and ability of employee to participate in the program.
- Has the employee failed or succeeded in previous rehabilitation programs?
- Did the injury cause a reduced earning capacity?
- Will the rehabilitation increase the employee’s earning capacity?
- Likelihood that employment will be obtained after program is completed
- Existence of employee’s current skills and education that could result in employment without rehabilitation.
Contact a Construction Site Accident Attorney Today
If you were injured on the construction site job and have been left permanently disabled and unable to return to work, vocational rehabilitation may be the right choice for a fresh start to a new future.
Call a construction accident lawyer Houston, TX trusts today. They will evaluate your case and determine what legal options you may have. They are prepared and dedicated to advocate aggressively on your behalf and make sure you receive all the compensation and benefits you are entitled to for your injury.
Thank you to our friends and contributors at John K. Zaid & Associates for their insight into construction site accidents and injuries.
Posted on November 18, 2018 @ 8:45 pm