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:

DJ (Dexter Evans) was amazing.

DJ (Dexter Evans) was amazing. He and Kylene communicated well and reached out often. This is my 2nd time using him and will never go anywhere else for my attorney needs. – Shanita […]

Highly recommended!

Highly recommended! Smooth process and great communication. Two thumbs up!   – Marek P.   […]

Big thank you to Attorney DJ Evans

Big thank you to Attorney DJ Evans for helping me with my PI case. Had a terrible car accident which I was not at fault for legally but my car was totaled and I sustained injuries that impacted my work. The at faults insurance tried to manipulate me into taking 2k which was ridiculous for […]

Jay Johnson was fabulous

Jay Johnson was fabulous, he kept me up-to-date and informed of every step. Very happy with his service and I would highly recommend him.       – Dawn S. […]

Very helpful.

Very helpful. I was able to put most of it away into an emergency fund.         – Christine […]

Got a Settlement Quicker Than I Expected and Better Than I Expected!

My second time with Leandro A. at Woodruff Johnson and Evans. Another great job. Didn’t have to talk with work comp at all this time since I told work comp I don’t trust them after the first occurrence with them. Got a settlement quicker than I expected and better than I expected. Thanks to Leandro […]

Attorney Dexter Evans: Professional, Responsive and Took Care of Business. Highly Recommended. You Will Not Be Disappointed!

Dexter Evans handled my case for a motor vehicle incident. I would like to inform you that he was very professional, responsive, and took care of business. Whenever I had a question they were very quick to respond and handled everything for me. If it wasn’t Dexter then Nicole was right there. I highly recommend […]

Go to the Doctor. Do the Tests. Get the Diagnostics. Hire Leandro Alhambra!

Leandro Alhambra took on my workman’s comp case and did a great job getting a good return back. I had him take on the case late (2 years after the incident) and he still was able to provide a good amount of compensation. Advice to anyone reading: go to the doctor, do the tests and […]

Leandro A. Alhambra Fights to Get Every Dollar for his Clients

I used Leandro A. Alhambra for my workmans comp. case. I see in him that he fights to get every dollar for his clients to be satisfied of the […]

Their Office Represented Me Very Well

I felt that their office represented me very well with a very difficult people to deal with. The process took a long time but at the end they were able to close the deal. I want to thank you for the support and ability to answer any and all questions I had during this process. […]

View All Testimonials

Get Your Free Consultation

"*" indicates required fields

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