2020 Analysis of Workers' Compensation Laws - 91

Chart X-Rehabilitation of Disabled Workers
Jurisdiction

Source of Fund

Maintenance Allowance

Special Provisions

Alabama

No fund established

Board, lodging, and travel if away from home

Vocational rehabilitation to restore employee to gainful employment at
employer's expense. Employee's refusal results in loss of compensation for
period of refusal.

Alaska

No fund established

If PP compensation is exhausted prior to
completion of reemployment process,
additional compensation is paid at a reduced
rate.1 Costs for travel and temporary lodging
may be included in the plan costs.

Employer pays for eligibility evaluation, which must be performed if
employee is totally unable to return to time-of-injury employment for 90
consecutive days. Within 30 days for eligibility determination, employee
must elect either reemployment benefits or job dislocation benefits.
Reemployment benefit costs paid for by employer, up to $10,000 or
$13,300,2 exclusive of rehabilitation professional fees. Job dislocation
benefits ($5,000/$8,000/$13,500) paid in lump sum after determination of
permanent partial impairment rating of 1%-14%/15%-29%/30%.

Arizona

Special fund tax up to 1.5% on
premiums written

Commission may authorize additional
necessary awards to persons undergoing
vocational rehabilitation

Industrial Commission's special fund provides vocational rehabilitation
for both scheduled and unscheduled injuries. The insurance carrier or
self-insured employer may also make available vocational rehabilitation to
claimants.

Arkansas

No fund established

Reasonable expenses for maintenance,
travel, and other necessary costs; 72 weeks
maximum

The Commission does not have to authorize rehabilitation, although it can if
it is pursued by claimant and not agreed to by employer/carrier.

California

No fund established

None

Supplemental Job Displacement Benefit (SJDB) program. This is
a nontransferable voucher for education-related retraining or skill
enhancement, or both, payable to a state-approved or accredited school. To
qualify for this benefit, the employee does not return to work within 60 days
after temporary disability ends and does not return to modified or alternative
work. The maximum voucher amount is $6,000.3 If employee is eligible for
SJDB, he or she may also apply for return-to-work supplement program if PD
is disproportionately low in comparison to earning losses. Will pay $5,000.

Colorado

No fund established for vocational
rehabilitation

TT and plan expenses paid during vocational
rehab by carrier or employer if offered and
accepted

Voluntary benefit offered by carrier. If employee refuses offer of vocational
rehabilitation, no PT benefits awarded.

Connecticut

Funded out of unified 4%
assessment

Tuition, room, and board if necessary

Employer pays full cost of medical rehabilitation, which continues until
employee reaches maximum improvement. Vocational rehabilitation is
furnished by Rehabilitation Services in the Bureau of Rehabilitative Service.

Delaware

No fund established

Reasonable board, lodging, and travel

Physical and vocational rehabilitation furnished at employer's expense.
Employee's refusal results in loss of compensation.

District of
Columbia

No fund established

Up to $50 per week

Employer must provide vocational rehabilitation. Benefits forfeited if
worker fails to cooperate.

Florida

Workers' Compensation
Administration Trust Fund derived
from assessments upon insurers
and self-insurers.

Division pays preapproved costs for tuition,
books, board, lodging, and travel. Carrier pays
rehabilitation TT benefits for up to 52 weeks.

Carrier is responsible for reemployment services for dates of accident
9/30/89 or before. Carriers may voluntarily provide services for dates of
accidents after 10/1/89. Carriers may voluntarily extend TT benefits beyond
52 weeks. Training and education benefits and additional payment for lost
wages are forfeited if employee refuses to accept training and education
approved by the Division.

Georgia

No fund established

Reasonable board, lodging, and travel if away
from home

Rehabilitation benefits are compulsory only in catastrophic cases.
Employee's unreasonable refusal may result in suspension of
compensation.

Hawaii

No fund established

Board, lodging, travel, tuition, books, and
basic materials in addition to compensation

Rehabilitation unit within the Department of Labor and Industrial Relations
makes recommendation for vocational rehabilitation. Director approves
services and reviews progress.

Idaho

Part of 2% Premium Tax Industrial
Administration Fund

Reasonable expenses for maintenance and
travel

Rehabilitation Division works as neutral party to facilitate early return-towork with the time-of-injury employer within medical restrictions. If new
employment is determined as the option for return-to-work, rehabilitation
consultants assess and report the most cost-effective means of returning
the injured worker to gainful employment. An in-depth transferrable skills
analysis is done to mutually agree on vocational objective. TT and TP
benefits may be payable where retraining is authorized. Period of retraining
not to exceed 52 weeks unless the commission, following application and
hearing, extends the period.

Illinois

No fund established

Maintenance costs and incidental expenses

Physical, mental, and vocational rehabilitation as necessary. Institutional
care if required.

Indiana

No fund established

Vocational rehabilitation available to any employee unable to attain gainful
employment due to an occupational disease or injury.4

2020 Analysis of Workers' Compensation Laws | 91

2020 Analysis of Workers' Compensation Laws

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