Many injured workers receiving workers’ compensation benefits in Minnesota qualify to receive a rehabilitation consultation. Requesting and having a consultation bring you two steps closer to receiving vocational rehabilitation services. These services can help you return to work without worsening your injury.
During a rehabilitation consultation, you will meet with a qualified rehabilitation consultant (QRC). The QRC talks to you to determine if you are eligible for vocational rehab services. Before you can receive vocational rehab, you must have this consultation. Injured workers can receive a consultation if:
- They request to receive a consultation
- They have not returned to work after 90 days since the date of injury
- They are likely to receive Temporary Total Disability (TTD) benefits for more than 13 weeks
- They have physical restrictions from the injury
- They are receiving Permanent Partial Disability (PPD) benefits from the injury
Employers and insurance companies also can request a rehabilitation consultation. Sometimes, the employer or insurance company can receive a waiver of the consultation even if the employee has requested one. The Department of Labor and Industry usually grants a waiver request when the employer can show that the employee will return to work with the employer within 90 days.
Sometimes, an employee and an insurer do not agree about whether the employee should receive a rehabilitation consultation. In this situation, the employee will need to bring the dispute to the Department of Labor and Industry for a decision. The employee should provide the Department with a doctor’s report that documents any physical restrictions or permanent partial disability. The report should state whether the restrictions or disability are related to the work injury.
Employers, insurers, and even the QRC can bring their disputes about the rehabilitation consultation or vocational services to the Department as well. The Department will decide the dispute and issue an order explaining its decision. If you think that you are eligible for a rehabilitation consultation but the insurer or employer says no, find a workers’ compensation lawyer to help you resolve the dispute.
Are you struggling to get vocational rehabilitation services so you can return to work? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
