(562) 698-6446
(562) 698-6446
Return-to-Work (RTW) programs are pivotal in the California workers’ compensation system. They aim to help injured workers transition back to the workplace, whether in their original capacity, in a modified role, or through vocational rehabilitation. While these programs support recovery and reintegration, they also significantly impact the types and duration of benefits workers may receive.
Here, our Whittier workers’ compensation attorneys at Hanning & Sacchetto, LLP, explain how RTW programs affect benefits, available options, and the rights of workers who cannot return to work.
Understanding Return-to-Work Programs in California
In California, RTW programs are designed to assist employees who have sustained workplace injuries or illnesses. Employers and insurers are encouraged to facilitate the worker’s return by offering alternative work options, vocational training, or other accommodations.
The main components of these programs include:
- Modified Work: Adjustments are made to the employee’s previous job to accommodate their restrictions, such as altered duties or reduced hours.
- Vocational Rehabilitation: Workers who cannot return to their prior job due to their injury are provided with training for a different role, either within the same organization or elsewhere.
- Transitional Programs: These are temporary assignments designed to ease workers back into complete duties over time.
How Modified Work Impacts Workers’ Compensation Benefits
Modified work allows injured employees to perform tasks within their physical limitations. If an employer offers modified work that the employee can perform safely, their workers’ compensation benefits may be adjusted.
Here’s how it works:
- Temporary Disability (TD) Benefits: If an injured worker can perform modified duties that pay less than their previous job, they may receive “Temporary Partial Disability” (TPD) benefits, which supplement the reduced income. TPD benefits are calculated at two-thirds of the difference between the pre-injury wages and modified job earnings.
- Permanent Disability (PD) Benefits: Workers who accept modified work may still be eligible for permanent disability benefits if the injury leads to lasting impairments. However, the availability of modified work can affect the overall PD rating and subsequent benefits.
If workers refuse a valid offer of modified work that meets their medical restrictions, their temporary disability payments could be reduced or even terminated.
How Vocational Rehabilitation Impacts Workers’ Compensation Benefits
Vocational rehabilitation is available for injured workers who cannot return to their original position due to the severity of their injuries. California’s workers’ compensation system offers the Supplemental Job Displacement Benefit (SJDB), commonly known as a “voucher,” to assist workers in transitioning to a new career.
- The Voucher: Eligible workers can receive a $6,000 voucher to pay for retraining, skill enhancement, or educational courses, as well as related expenses like computer equipment or licensing fees.
- Impact on Benefits: While participating in vocational rehabilitation, workers may continue to receive Temporary Total Disability (TTD) benefits until they complete the program or reach maximum medical improvement (MMI). If successful, the worker may enter a new field, which could affect the amount of PD benefits, depending on their ability to earn income in the new role.
How Transitional Programs Affect Workers’ Compensation Benefits
Transitional programs are designed to gradually increase workers’ ability to handle their original duties. They often involve shorter hours or less strenuous tasks, providing a pathway back to full-time work.
- Impact on TD Benefits: Employees who participate in a transitional program and earn less than their pre-injury wages typically receive TPD benefits to cover the wage differential.
- Potential for Permanent Disability Adjustments: If workers can return to whole duty through a transitional program, they may still be eligible for PD benefits if the injury leaves a lasting impairment.
Rights of California Employees Who Cannot Return to Work
Under California law, employees who cannot return to their original or modified position due to permanent limitations are entitled to certain benefits and protections.
They include:
- Permanent Disability (PD) Payments: Workers unable to return to work because of a permanent impairment will receive PD benefits based on their impairment rating.
- Life Pension or Total Permanent Disability Benefits: In severe cases where the impairment is extensive and prevents gainful employment, workers may qualify for a life pension or total permanent disability benefits.
- Supplemental Job Displacement Benefit (SJDB) Voucher: Workers who cannot return to any job their employer offers are entitled to the $6,000 voucher for vocational retraining or job placement services.
- Settlement Options: Workers unable to return to their previous job or secure alternative employment may negotiate a settlement with the insurance carrier, which could include a lump-sum payment.
California workers must understand how accepting modified work or vocational training can impact their benefits. Consulting our knowledgeable workers’ compensation attorneys can help workers navigate these complex decisions and ensure they receive the full benefits they are entitled to.
Contact Our Worker Compensation Attorneys Today
Call (562) 698-6446 or contact us online to schedule a free consultation with our experienced personal injury attorneys in Los Angeles County today. We can help you understand your legal rights and options to pursue the best outcome for your unique claim.
