Vocational rehab in Virginia after injury at work

Asked 10 months ago - Gainesville, VA

How long can vocational rehab go on? I've been applying about 4 jobs per week and its been 2 and a half month since I started. My Insurance adjuster is behind me to settle the case - I injured my shoulder at work which is ok now but subsequently I suffered Kidney failure and am on dialysis. The WC doc has allowed me to do moderate level work ( considering the kidney failure) but finding a job is going to be hard in this tight market with restrictions. I am getting the same amt of wage loss per week as I was getting TTD. Why is the adjuster pushing me to settle the case - I know its going to be a long time to get a job so I'm not in a hurry but why is the insurance adjuster acting up? Also with my permanent restrictions I think I am going to get the wage loss for 500 weeks or am I wrong -

Additional information

What are the insurance people thinking looking at my case??

Attorney answers (4)

  1. Jamie Lynn Karek

    Contributor Level 9

    2

    Lawyers agree

    Answered . Vocational rehabilitation can go on indefinitely. However, voc rehab is not free for the insurance carrier, so in each case they will do a cost/benefit analysis to determine whether paying for voc rehab is worthwhile. If it seems unlikely that voc rehab will be successful, the carrier may decide not to pursue it. Or if it continues for an extended amount of time, the carrier may decide to discontinue voc rehab. However, even if it seems unlikely that the voc counselor will find you a job, they may continue to pursue it because if you are non-cooperative, the carrier can file to suspend your benefits.

    The carrier may be eager to settle your case because it looks like you will receive the full 500 weeks. Or the adjuster may want to get the file off of his or her desk. Generally speaking, carriers like to settle cases to get risk off of their books.

    Do keep in mind that you are automatically entitled to receive the full 500 weeks. For example, if you return back to work, fail to fully cooperate with voc rehab, or become totally disabled for a reason unrelated to your wc injury your benefits may stop before 500 weeks.

    Feel free to give me a call if you have any further questions.

  2. Peter Michael Sweeny

    Contributor Level 11

    1

    Lawyer agrees

    Answered . After 35 years of Virginia workers' compensation practice, I have come to describe what you are going through as a legal minefield. You are being pressured by the insurance company because you are so close to setting of a number of legal mines. You need to retain and experienced workers' compensation attorney who can guide you through that minefield, sooner rather than later.

  3. Seth Raven Carroll

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You should call a lawyer.

    Seth Carroll is licensed to practice in Virginia only. The preceding is for information only and should not be... more
  4. Gerald Gregory Lutkenhaus

    Contributor Level 18

    Answered . After doing WC in Virginia for 35 years I have seen job placement go on for 2-3 years. The adjuster does want to settle because it does cost money. Check my website at virginiadisabilitylawyer.com.

    This response is meant to be information only and should not be considered to be legal advice. This information is... more

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