After a serious work-related injury, most people’s primary focus is on healing. Getting back to work is often a close second.
Some people can go back to work, maybe with some restrictions on certain activities, after some time off to recover and heal. However, that’s not possible for everyone. Those whose job involved considerable physical activity or exertion may have to learn how to do a different job.
That’s where vocational rehabilitation comes in. Minnesota workers’ compensation benefits may include the services of a qualified rehabilitation consultant (QRC). These can be essential to getting back to work.
However, if someone’s workers’ comp benefits are discontinued, a person is no longer eligible to work with a QRC even if they are disputing the end of their benefits. The QRC can refer them to a Vocational Rehabilitation Unit (VRU) run by the Minnesota Department of Labor and Industry (DLI) so that they can continue vocational rehabilitation while disputing the discontinuance of these services.
How did the law change last year?
Using a VRU typically means the services aren’t as individualized or as easy to access as working with a QRC would be. That’s why last year, Gov. Tim Walz signed a revision to the law that makes it more difficult to end worker coverage for a QRC.
The revised 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.” The notice needs to include a “statement of facts clearly indicating the reason for the action” and the date of discontinuation.
This can help more workers stay on a rehabilitation plan with the QRC who designed it and improve their chances of going back to work. Navigating the workers’ comp system can be frustrating and complicated at a time when someone’s life is already turned upside-down. Having experienced legal guidance can make all the difference.
