When a Work Injury Prevents You from Returning to the Same Type of Job.

Attorney Blog

Serious injuries can lead to permanent limitations that might not allow you to return to your former job. This is particularly true if you do heavy, strenuous work.

What happens if your injury prevents you from returning to the same kind of work? An employer has two choices. The first option is to provide you with a job that fits your restrictions. The second choice is created under Section 8(a) of the Illinois Workers’ Compensation Act, which requires an employer to provide “treatment, instruction, and training necessary for [your] physical, mental, and vocational rehabilitation”. Thus, if you have been in a work accident and now have permanent restrictions that your employer cannot accommodate, your employer is obligated to assist you while seeking work or provide job retraining.

Your weekly benefits will continue to be paid as long as you participate in the vocational rehabilitation process. The workers’ compensation benefits are called “maintenance benefits” rather than “TTD” or “temporary total disability”, but they are paid at the same rate as your TTD benefits. In addition to the assistance, instruction, and training you receive while engaged in vocational rehabilitation, you are also entitled to reimbursement for any incidental costs you incur. Such costs include printing and mailing resumes, faxing resumes, placing telephone calls to potential employers, and travel expenses for interviews. These costs can add up over time, so it is important to document and keep track of these expenses so that you do not miss out on any compensation to which you are entitled.

The ultimate goal of vocational rehabilitation is to get an employee back into the workforce earning the highest wages possible. In some cases, this means that your employer is required to pay for job retraining or education. Any vocational rehabilitation plan must be realistic based on factors such as your work-life expectancy, your ability and motivation to participate in the program, the success or failure of previous vocational rehabilitation efforts, and the likelihood of obtaining employment on the completion of your retraining or education. The bottom line is that if you have lost earning power or job security due to your injuries, you are willing and able to participate in vocational rehabilitation, and you will have increased earning power and a better chance of finding a job after retraining or education, you are entitled to retraining or education.

If your injury prevents you from returning to the same kind of work, your employer cannot cut off your benefits by merely claiming that you are qualified to work at another job. The employer must either provide you with a job that fits your restrictions or be a part of the solution and help retrain you for a job that you are capable of performing.

Answers to frequently asked questions from some of our clients about their workers’ comp cases: FAQ Workers Compensation

Categories:

Attorney Leandro “Lee” Alhambra has given me and my family a peace of mind that I am much grateful for.

My experience with Woodruff Johnson & Evans has been a blessing. My attorney Lee has been such a professional but also a friend that has walked me through many of the things that I had no knowledge of or what I should do next. He has given me and my family a peace of mind […]

Michael K.

I just wanted to let you and your office know how pleased I was with your handling of my case!

Dear Russell, I just wanted to let you and your office know how pleased I was with your handling of my case. The promptness in which you handled this matter and the professionalism you showed while doing so was greatly appreciated. Should there arise another time in which I need assistance or should an acquaintance […]

M. Wright

Attorney Dexter Evans Was Always Available to Answer Any Concerns I Had.

D.J. was always available to answer any concerns I had. The entire case was handled professionally. I am completely satisfied with entire staff at Woodruff Johnson & Evans that I encountered.

John N.

Attorney Jay Johnson went above and beyond!

Attorney Jay Johnson went above and beyond. He made everything so easy and was always available for any questions I needed to ask. I highly recommend Woodruff Johnson & Evans!

Chad M.

Attorney Russell Haugen was awesome!

Attorney Russell Haugen was awesome at handling my case and very communicative on a lot of information I needed help with as well. He also took out the time to make sure I was handled with great provision! Thanks

Jashaunti P.

Russ Haugen and Woodruff Johnson & Evans Have Been My Attorneys For a Couple Different Cases.

Russ (and his firm Woodruff Johnson & Evans) has been my attorney during  a couple different cases. I have been extremely pleased with Russ’ work. He answers calls and always follows up even if there has been no movement on your case. I believe he’s personable and he gets to know his clients and going […]

Teresa D.

Attorney Leandro Alhambra Was Very Responsive to Adressing My Concerns. I Didn’t Have to Worry About Anything

I was so impressed by Lee’s responsiveness during such a long and potentially confusing process. I never had to worry about anything during the entire case.

Torianna L.

Thank You Mr. Jay Johnson and May God Bless You.

Thank you so much, Mr. Jay Johnson! I was very pleased with your service. If I need legal help in the future, I will call on you again. If I know of someone who needs legal help, I will give them your number. Thank You and May God Bless You.

Carolyn G.

When Russell Haugen took my case, I never had to follow-up as he ensured that I was always updated on the status.

It was a very long process for me as I started my case with one of their former colleagues then it was assigned to Russell Haugen, who worked diligently to finalize the case. From the beginning, he took the necessary time to clearly explain the position of the case, the potential timing of all the […]

Beverly F

Great Team of Lawyers

Attorney Dexter Evans is a part of a great team of lawyers and staff at Woodruff Johnson & Evans. They really get the job done. Excellent communication and great outcomes. I definitely recommend them for any injury cases anyone may have.

Travion H
View All Testimonials

Get Your Free Consultation

  • This field is for validation purposes and should be left unchanged.