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Changes to the law make it harder to discontinue rehabilitation 

On Behalf of | Nov 5, 2024 | Workers' Compensation |

Most people who are injured in the workplace can return to work, at least in some capacity, eventually. Since they may no longer be able to do the job they once did or they may be able to do their previous job, but with modifications, vocational rehabilitation and training are crucial.

Most people who are getting vocational rehabilitation through their workers’ comp benefits go to qualified rehabilitation consultants (QRCs). If someone’s workers’ comp claim has been denied and they’re disputing that denial, they can still go to the Minnesota Department of Labor and Industry’s Vocational Rehabilitation Unit (VRU). The VRU can also be used by workers whose rehabilitation benefits have been discontinued. It’s considered a safety net for these workers to help them regain job skills.

Many people felt that it was too easy for QRCs to discontinue a worker’s rehabilitation services and refer them to the VRU. A new law signed by Gov. Tim Walz is aimed at changing that. 

Key elements of the law

The law, which took effect Aug. 1, sets new requirements that QRCs must meet before they can discontinue rehabilitation services and refer someone to the VRU. For example, the law states, “Once the employer or insurer has accepted liability for a claim and a rehabilitation plan has been approved, the employer or insurer may not discontinue payment of rehabilitation services until notice has been filed with the commissioner and served on the qualified rehabilitation consultant, the employee, and the attorney representing the employee, if any.” This notice must include a statement “clearly indicating the reason for the action.”

While the workers’ comp system, and this change, are intended to help injured workers heal and, when able, return to work, being on workers’ comp can feel like a never-ending series of hurdles. Having experienced legal guidance can help you protect your rights and get the compensation and services to which you’re entitled.

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