2020 Analysis of Workers' Compensation Laws - 95

Chart X-Rehabilitation of Disabled Workers, cont.
Jurisdiction

Source of Fund

Maintenance Allowance

Special Provisions

Manitoba

Accident Fund

Discretion of board

Workers Compensation Board may make necessary expenditures to aid
rehabilitation. The spouse or common-law partner of a deceased worker
may be entitled to rehabilitation under certain circumstances.

New
Brunswick

Accident Fund

Discretion of WorkSafeNB

WorkSafeNB operates physical rehabilitation center and may make
necessary expenditures to aid rehabilitation.

Newfoundland and
Labrador

Injury fund

Discretion of WorkplaceNL

WorkplaceNL may make expenditures as necessary or expedient to aid a
worker's rehabilitation and labor market reentry.

Northwest
Territories
and Nunavut

Workers' Protection Fund

Discretion of commission

Commission may make necessary expenditures to aid rehabilitation.

Nova Scotia

Accident Fund

Discretion of board

Board may make necessary expenditures to aid rehabilitation.

Ontario

Schedule 1-Insurance Fund
Schedule 2-individual liability

Discretion of board

The Workplace Safety & Insurance Board pays expenses that it considers
appropriate to enable the worker to engage in work transition (WT)
assessments and WT plans. WT plans will not generally exceed three years
in duration. Surviving spouses are entitled to same level of labor market
reentry services as injured workers.

Prince
Edward
Island

Accident Fund

Discretion of board

Board may make necessary expenditures to aid rehabilitation.

Québec

Accident Fund benefits

Provided the worker qualifies for
rehabilitation, the Board would implement
a personal rehabilitation program tailored
to the worker's needs, which could include
physical, social, and vocational rehabilitation
services (e.g., home care provided by a
nurse, professional psycho-social services,
reimbursement of child care, vocational
training program, etc.).

Board may make necessary expenditures to offer rehabilitation services
to facilitate return to work and may provide vocational rehabilitation to a
dependent spouse in case of death only.

Saskatchewan

Injury Fund

Discretion of board

Board provides on-the-job training, academic training, employer assistance,
and physical and occupational therapy. Vocational training available for
spouse; educational allowance for dependent children of fatally injured
workers.

Yukon
Territory

Compensation Fund

Discretion of board

Board may make necessary expenditures to aid rehabilitation.

Notes
1.
Alaska- If indemnity benefits are exhausted during
reemployment process, weekly compensation at 70%
of spendable weekly wage up to $1,098 per week (105%
of the Alaska Average Annual Wage) until process is
completed.
2.
Alaska-Higher amount applies to injuries after
7/1/00; benefits may be terminated for noncooperation.
3.

California-For injuries occurring on or after 1/1/16.

Indiana-State rehabilitation services board
administers vocational rehabilitation programs.
Compensation suspended for refusal of suitable
employment by partially disabled claimant.
4.

5.
Maine-Board may levy assessment on each insurer
based on paid losses for previous year when amount in
fund is insufficient. Fund also receives sum equal to 100
times the state AWW when work-related injury caused
employee death and there are no dependents.
6.
Maine-Office of Rehabilitation may implement
and pay for, out of rehabilitation fund, a plan previously

rejected by the employer. If the plan proves successful,
the fund may assess employer up to 180% of plan
implementation costs.
7.
Massachusetts-If insurer refuses payment,
rehabilitation may be paid by trust fund. If rehabilitation
is successful, insurer assessed no less than twice cost
of rehabilitation.
8.
Minnesota-Surviving spouse may also request
rehabilitation.
9.
Minnesota-Expenses of rehabilitation are borne by
employer or insurer. Vocational rehabilitation is provided
in most rehabilitation plans. Physical rehabilitation is a
medical expense.

Nevada-Vocational rehabilitation services must
not be provided outside of Nevada except in limited
circumstances where employee lives within 50 miles
of border or was an out-of-state resident temporarily
employed in Nevada at time of injury. Injured employee
may receive vocational rehabilitation in any state
10.

2020 Analysis of Workers' Compensation Laws | 95

bordering Nevada if the injured employee proves that
such services are more cost-efficient. Such employees
may be eligible for lump sum up to $20,000. If out-of-state
employee, may relocate to within 50 miles of Nevada
border at his or her own expense and receive services
available at that location. Injured employees who are
incarcerated and their dependents are not entitled
to vocational rehabilitation benefits during period of
incarceration. At insurer's discretion, employee with
permanent limitation may be offered lump sum in lieu of
vocational rehabilitation services; acceptance of lump
sum extinguishes right to receive services.
Ohio-If claimant returns to lesser-paying job while
in rehabilitation, wage loss compensation of difference
between wage at time of injury and wage at job while in
rehabilitation program can be paid.
11.

12.
West Virginia-Work conditions and work hardening
programs are subject to fee schedule.
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