Vocational Rehabilitation Opportunities Through Worker's Compensation

When an employee is injured on the job and now has a disability that prevents them from returning to their former job, the individual may be eligible for Vocational Rehabilitation Services (VR). These services are offered through the DWD-DVR (Department of Workforce Development Division of Vocational Rehabilitation) to help injured individuals find a job where they can earn the same wage as they did before their injury.

Individuals injured on the job can pursue VR services through their Worker's Compensation Claim.

If the worker's compensation insurance carrier or self-insured employer denies payment for vocational services, you may contest the denial by filing an application for hearing with the Division of Worker's Compensation.

Below is an overview of the Vocational Rehabilitation Guide Process. (These actions may not happen in chronological order.)

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Worker's Compensation Division Responsibilities

Mails the injured worker a questionnaire or pamphlet containing information for self-referral to the Division of Vocational Rehabilitation (DVR).
- Timeline: This step happens when Temporary Total Disability (TTD) is more than 13 weeks and employee has permanent partial disability. Sec.102.42 (9)
Provides the injured worker with a list of certified private rehabilitation specialists.
- Timeline: This action should happen IF the division is notified by the DVR that vocational services will not be provided. Sec 102.61 (1m)(a) and DWD 80.49 (7)(b)

Insurer Responsibilities

Obtains a final medical report. If the injured worker has not returned to work, notifies the worker about the potential availability of vocational rehabilitation services.
- Timeline: This action happens at the end of a medical healing period. DWD 80.49 (7) (a)
Pays TTD benefit while worker is in an accepted retraining program and maintaining satisfactory progress.
- Timeline: beginning the date the retraining course begins. Sec 102.43 (5)
Pays for services of the private vocational rehabilitation specialist and reasonable cost of the training program.
- Timeline: when the request for payment is submitted by specialist or school. DWD 80.49 (7)(e)

Injured Worker Responsibilities

Provides the employer with a written medical report stating the worker's permanent restrictions.
- Timeline: This action should happen as soon as available. DWD 80.49 (8) Intro
Contact DVR (An injured worker may request a DVR determination at any time)
Cooperates with the specialist's placement efforts and accepts any offer of suitable employment. (if the employee refused to accept employment the insurer is not liable for more costs unless the employment ends during the 12-year statute of limitations period ins s. 102.17 (4).
- Timeline: During the 90 days of the job search in the general labor market. DWD 80.49 (9) and (b) DWD 80.49 (10)(a).

Employer Responsibilities

Provides the injured worker with the following:
- A written offer of suitable employment: OR
- A written statement that the employer does not have suitable employment

Division of Vocational Rehabilitation Responsibilities

Determines if worker is eligible to receive vocational services; and if the DVR will be able to provide services.
- Timeline: The DVR will usually determine eligibility and if it will serve the application within 60 days. Sec 102.61 (1m) and DWD 80.49 (7)(b)
Notifies the injured worker and the Worker's Compensation Division the DVR will not provide vocational services to the worker.
If DVR determines that the injured worker is eligible, but they are unable to provide services due to wait lists or the injured worker residing outside of Wisconsin, they can choose any certified private vocational specialist(from the list provided by the Worker's Compensation Division) and may change specialists with the consent of the insurer.
- Timeline: This action happens after the employer states it has no suitable employment or if the employer does no respond and the 60 days lapse period has lapsed. DWD 80.49 (7)(c)

VR Specialist Responsibilities

Determines if suitable employment is reasonably likely to be available in the general labor market without retraining.
- Timeline: After employer states there is no suitable employment OR if the employer doesn't respond and the 60 days lapse period has elapsed. DWD 80.49 (9)(a) and (b)
If suitable employment is likely to be available, attempts to place the employee in the general labor market.
- Timeline: At least 90 days prior to developing a retraining program. DWD 80.49 (9)(b)
Develops an Individualized Plan for Employment (IPE) for the worker.
- Timeline: after determining suitable employment is not likely to be available or after the 90-day job search. Sec 102.61(1m), DWD 80.49 (10) (11)(a)
Notifies worker, employer, insurer, and Worker's Compensation Division of workers status.
- Timeline: This happens periodically, the Worker's Compensation Division recommends quarterly reports. DWD 80.49 (11)(b)
Provides any information reasonably related to the specialist's services to the worker undertaken as a result of the injury.
- Timeline: within a reasonable period after receiving written request form the Worker's Compensation Division, worker, employer or insurer. DWD 80.49 (11)(c)

Note: The insurance carrier may offer an alternative retraining program that will restore the worker's pre-injury earning capacity in less time than the retraining program developed by the VR specialist. The insurance carrier may also obtain an Independent Medical Examination (IME) disputing the permanent work restrictions provided by the injured worker's doctor. Any party listed above may request a hearing with the Workers Compensation Division regarding permanent work restrictions 30 days after the worker receives the IME report disputing the treating physicians permanent work restrictions. (The 30 day waiting period is to encourage the employer and the worker to resolve the problem informally).