Your Guide To Vocational Rehabilitation in Virginia and North Carolina

Workers Compensation Attorney Joe Miller of Joe Miller Law and the Work Injury Center here explains the real purpose behind vocational rehabilitation. Unlike your physical therapist, a vocational rehabilitation counselor is usually not someone your doctor will refer you to. He or she is someone who is hand-picked by the workers compensation insurance company. Their agenda is to reduce the comp carrier's exposure to your weekly checks. They can accomplish this in two ways: 1. By getting you a job. (usually one you have no interest in performing and 2. By luring you into a situation where you are non-compliant with vocational rehabilitation and thereby getting you 100% cut off of your weekly checks. The bottom line is that while you have no choice but to do the "dance" that they require that you do, make not mistake. The vocational rehabilitation counselor is not your friend and is not on your side. They are on the side of their employer, the workers compensation insurance company.

[@blessedladyrobinson5674]

You have no idea how valuable this info was. You explained it perfectly, thank you soooo much

[@JoeMillerLaw]

Glad to hear it. Really appreciate the feedback. Sorry it took me so long to say thanks. Best of luck with your case.

[@serenitytrek]

🦮👨‍🦯🧑‍🦼 Thank you for TRUTH! 💕 Never had a WC claim, my child needed other VR services, and we were flipped upside-down by the whole infuriating process! For starters...the "intake evaluation" is to pre-disqualify you from everything possible, etc!!! You're better off trainng your own seeing-eye-dog, teaching yourself sign language, or building your own wheelchair and ramps forever - because VR is a dead end. 🚫

[@JoeMillerLaw]

Thank you for your comments. I cannot really comment on the vocational rehabilitation process outside the context of workers compensation. I can say that within the workers compensation world, the vested interests of the insurance company are purely to reduce or eliminate their obligation to pay the injured worker their weekly checks. So this means they really do not care about the aptitudes or interests of the injured worker. They are just seeking a way to pay less money or no money. I do not know the precise context of your child's situation, but it sounds like they are also not so interested in looking out for the patient's best interests.

[@lazaroibarra8464]

You're awesome. If I didn't have an awesome firm fighting on my behalf, I'd have like to have Mr. Miller on my side. Thank you very much for your videos.

[@JoeMillerLaw]

Thank you very much. I really appreciate it. I hope you never need my services because that would mean you are hurt pretty bad. Stay safe.

[@lucycamo4664]

God bless you bro🫡

[@JoeMillerLaw]

thank you so much, I can use all the Blessing i can get!

[@hazeljohnson1451]

You are sharp!I wish we would have known of you before our case settled

[@JoeMillerLaw]

Thanks so much for the + feedback. It means a lot.

[@peggysmith8467]

Great in depth explanation I gave it a thumbs up.

[@jeremiahzadnichek6760]

This video was posted a year ago. I just found the video, not sure if this comment will even see the light of day but regardless thank you for making this video

[@JoeMillerLaw]

Thank you so much. It may have been made a year ago, but it's just as true today. I really appreciate you watching. More on the way!

[@rodrigoflores8129]

Is this Information in General across the US is applicable?

[@JoeMillerLaw]

The answer is no. Although I think you can say generally that once you establish some kind of entitlement to ongoing benefits via an Award, no matter what State you are in, one of the possibilities for reducing or eliminating that Award is Vocational Rehabilitation. What I cannot comment on is the character of the vocational rehabilitation services in the context of workers compensation cases in your particular state. For instance, in your state, VRC services may be more heavily regulated or the definition of "suitable employment" in the context of workers compensation may be quite restrictive, meaning that unless the VRC gets you a job that fits that very strict definition, you will continue to receive benefits. Best to consult with a workers compensation attorney in your state for a more definitive answer.

[@ssharma861]

what if they do find you a job? And you go to the job, but are not able to do it? what then?

[@JoeMillerLaw]

What I tell my clients in VA and NC (Please understand I many not be addressing the law in your specific State, only where I'm admitted to practice--which is VA and NC), assuming that you have been found to be capable physically of performing this job per your authorized treating doctor, is to make a very detailed note--write it all down if you have to--of any and all activities on the new job that are causing you pain, or are difficult for you to do due to your work injuries. Then you must make an appointment with your doctor and explain this. If your doctor is a patient advocate, he or she hopefully will modify your restrictions to protect you from the activities that are causing you issues, or better yet, pull you back out of work or say this job is not for you. Unfortunately, if your doctor is NOT a patient advocate, and is more insurance-oriented, the response may be far less helpful. Such as--"well, your FCE found you capable of performing a job at this activity level, so there is not much I can do for you. It should get easier over time. Have a nice day." At least in VA or NC, if you have the misfortune to be stuck with the second type of doctor, your options are limited. At least in VA, if you quit or refuse a light duty job with no support from your doctor, you've pretty much blown your case.

[@ssharma861]

@@JoeMillerLaw Thank you Sir for the response! I am only interested in VA/NC. In such vocational rehab cases is a settlement truly still an option on the table? How often do you see this settle?

[@JoeMillerLaw]

@@ssharma861 Sorry for the late response due to the Holiday. Yes, settlement can still be an option, but sometimes the comp carrier wants to basically exhaust all possibilities of getting you an alternate job via voc rehab before discussing settlement. In other instances, they will be happy to negotiate with you during Voc Rehab. It really depends on the severity of your injuries and physical restrictions, your previous training in alternate occupations, and your pre-injury wage. The greater permanent restrictions you have, the higher your pre-injury wage, and the fewer marketable skills you have, the less likely it is that VR is going to succeed. That's going to give you more leverage in any potential settlement. In contrast, a low pre-injury wage is going to make it easier for the VRC to place you in almost any occupation that fits your physical restrictions, such as a Wal Mart Greeter. For instance, if you were making minimum wage pre-injury, working 30-40 hrs per week, that's going to make the VRC's job much easier. Whether you like the job he or she finds you is irrelevant. But if you had a high pre-injury wage like $1500.00 per week and now per your FCE you cannot go back to your pre-injury job, and your marketable skills outside of your pre-injury job are very limited, that's a much taller order, i.e. you would have more leverage to negotiate. All that being said, a lot depends on the carrier and employer. There are a few employers out there (I am thinking about a couple of Cities I know of) who will not settle a workers comp case under any circumstances. But in most cases, if you are "holding the winning cards" per this response, they are going to be wanting to resolve the case with you, and potentially for a good deal of money. I encourage you to contact our office to discuss your case further with my team and we'll see if we can assist you in getting the best settlement you possibly can. Thanks!

[@realtalk37851]

My voc rehab counselor look for jobs that pay good it’s just that I don’t have any experience for them jobs so I don’t get hired smh

[@JoeMillerLaw]

Not sure what state your case is pending in, but if it's like VA or NC, what is preferable to the VRC finding you a job that you may not really want is to settle your case and then after it is finalized and you get your settlement money, find a job on your own that is to your liking. The longer the VRC is unsuccessful in landing you a job, the more likely it is, in my opinion, that the insurance company may want to settle. If your case is pending in VA or NC, please give us a call toll free 1-877-622-8656 to discuss further.

[@familyfirst7027]

@@JoeMillerLaweverything you mentioned happened in my case. Thanks

[@mariagarroyo5571]

Thank you so much for all this important information. I wish you can be here in California 😔

[@JoeMillerLaw]

thank you. I love California's nature beauty and miss it very much. We used to head out to Orange Co fairly frequently when my mother-in-law was alive. Unfortunately, haven't returned since she passed.

[@josephwashington6658]

So my VC worker wants me me to apply for the job they want me to apply for jobs on a indeed app. I apply for the job the way they say. But don't nobody call me back.

[@JoeMillerLaw]

Sorry for the late response. That's ok. It's not your problem if the employers don't reply. Just comply with the VC's requests to apply. Not sure what state you are in, but i many states just telling you to apply for jobs is not appropriate VC activity. She is supposed to pre-screen the jobs first and then send you the job leads.

[@blessedladyrobinson5674]

Question Can the Vic rehab counselor contact you and want to set up a meeting, even though you have not been realeased by doctor to full duty yet??

[@brynjhnsn100]

I got my benefits cut off after 2 years on Voc Rehab. I understand this week will be my last check. I turned down the insurance companies low ball offer twice and now they seemed to be more aggressive with Voc Rehab. The lady went back and found 2 jobs that I didnt apply for and used that and and answer I gave in an interview as her excuse. One of those jobs was bus driver that required a CDL, which I dont have. I suppose this ends my case? The insurance company also refused to pay for shoe inserts, and medications that my WC doctor prescribed! I have permanent work restrictions as well. I have a lawyer, but Im thinking Im stuck now.

[@georgeclark2554]

How did your case turnout plus did you get back into vocrehab

[@brynjhnsn100]

@@georgeclark2554 Hearing been pushed back twice! Defense actually paid my last doctor to change his opinion. Commissioner strongly suggest we either settle or do mediation. So far I’ve turned down their last offer. We will see what happens

[@georgeclark2554]

Hope everything turns out in your favor

[@brynjhnsn100]

@@georgeclark2554 thanks

[@georgeclark2554]

I'm in vocrehab 7 weeks now due to my restrictions I have not gotten an interview yet

[@mikekelsch9464]

I’m in Ohio and have been on worker’s compensation for 9 months and still in horrible pain. Do I have to except Vic rehab, because now the doctor and Mco are recommending it. Thanks…

[@JoeMillerLaw]

As i say in all my responses, I can really only comment on VA and NC law, because that is where I'm admitted. Workers Comp laws are different in every state. I can tell you that generally, even if you are in pain, if your treating doctors have released you to ANY type of work and you are receiving workers comp, the defense has the right to engage voc rehab. But for more specifics, you should contact a workers comp advocate in your state. I recommend you go on AVVO and search for a competent workers comp lawyer in your state that way.

[@mikekelsch9464]

@@JoeMillerLaw thank you. I don’t have a lawyer now, but also don’t want Vic rehab controlling my life. They are releasing me with restrictions and my employer filled my position, so I have no where to go, but was not fired or did not quit. They said they were good on employees and work slowed down. I know from talking to my friends from work that they are busy and just hired an 18 yr old kid for help in a position I could have had. They are doing it on purpose because of my claim, I know how they operate pretty well, but also really can’t prove it because they can say and do what they want.

[@mikekelsch9464]

I also have not reached MMI

[@JoeMillerLaw]

@@mikekelsch9464 Again, i cannot speak to your claim specifically because I am not familiar with Ohio Workers comp law. I can tell you that in VA and NC if you are under an ACCEPTED AND AWARDED CLAIM, if the employer cannot accomodate your restrictions, the comp carrier must CONTINUE TO PAY your weekly comp benefits for up to a total of 500 weeks, unless and until they find you something else to do paying the same or more. That can form the basis of a potential settlement.

[@mikekelsch9464]

@@JoeMillerLaw thank you, appreciate it.