Michigan Workers Compensation and Vocational Rehabilitation
Unfortunately, since Gov. Synder changed the workers compensation act in 2011, Vocational Rehabilitation in a Michigan Workers Compensation case, has all but been eliminated. I know its hard to believe as most of the language for vocational rehabilitation was left in the statute and the State of Michigan still sends a letter to all injured workers, if a claim is being paid by the insurance carrier for 6 months, a letter advising you of your right to retraining and other vocational rehab. services. The letter and the language that is left in the Act gives a false sense to injured workers that Vocational Retraining is still an option or possibility in Michigan, however it really is not. (I have personally asked the State to stop sending out the letters regarding the injured workers rights to vocational rehabilitation, but they will not stop sending out the letters, although they know it is providing false information to the public and specifically injured workers.) Your current State Government wants you to believe that you still have rights that have actually been taken away by the current administration. It ishttp://michigan-workers-comp-attorney.com/michigan-attorney-blog/wp-admin/media-upload.php?post_id=140&type=image&TB_iframe=1 beyond deceptive.
The Vocational Retraining of yesterday, which was actually retraining in many cases, has been replaced with Gov. Snyders crystal ball. Gov. Snyder’s crystal ball law now allows vocational counselors hired by the insurance company, to meet with the injured workers and write a report which indicates that they can make the same wages or more, by just using the injured workers past skills, training and education. The insurance companies vocational counselor gathers information about jobs you did when you were a teenager and also uses other skills, that they pull out of thin air, during a one hour meeting, and they conclude that you can make the same money, even with severe restrictions from a work injury. Therefore, your workers compensation is eliminated or greatly reduced based on this new type of vocational rehab. The vocational counselor no longer helps you look for work or tries to find work within your restrictions. Even though Vocational Experts have years of training, certificates, and degrees in finding work, for injured and/or disabled people, you are now on your own, you can go out into the world with severe restrictions and you can find work. This is how Gov. Snyder’s crystal ball vocational rehab. law is now implemented. They don’t take into consideration your medications, whether you can’t sleep at night due to pain, whether your not clear headed, and your pain is really not an issue for the vocational counselor. They merely look at your medical restrictions and provide a list of jobs that you should be able to do with your injury and a wage range that you can earn with your injury.
Its your job to start looking for restricted work immediately upon receiving restrictions, either from your doctor or the insurance companies doctors, EVEN IF YOUR STILL EMPLOYED WITH YOUR COMPANY AND THEY HAVE NO RESTRICTED WORK. YOU ARE TO LOOK FOR RESTRICTED WORK OUTSIDE OF YOUR COMPANY, WHILE YOUR STILL EMPLOYED BY YOUR COMPANY, AND HOPING TO RETURN TO THAT COMPANY.
If you have a Michigan Workers Compensation case and your receiving benefits, your benefits were cut off, or they never paid your benefits and you have questions about Michigan Workers Compensation and Vocational Rehabilitation Services, please call us at the Law Offices of David Zimmerma at 5869910600.