Training
Vouchers
A Guide for California Injured Workers
If You Were Injured in 2004 or
Later
What is a
supplemental job displacement benefit?
What is the dollar amount
of this benefit?
How can I obtain this benefit?
When do I receive the voucher?
What schools can I attend?
What vocational
return-to-work counselors can I use?
How do I use the
voucher to pay for expenses?
Is there a deadline for
using the voucher?
I have a problem with my
supplemental job displacement
benefit. What can I do?
If You Were Injured Before 2004
What are vocational
rehabilitation benefits?
Are there dollar limits on
these benefits?
How can I obtain
vocational rehabilitation?
What happens next?
Am I
required to use the services of a rehabilitation
counselor?
What
happens after the rehabilitation counselor is selected?
What payments can I
receive for living expenses while in
vocational
rehabilitation?
Can I decline vocational
rehabilitation?
Can I
exchange vocational rehabilitation benefits for cash?
I have a problem with my vocational rehabilitation benefits.
What can I do?
If
You Were Injured in 2004 or Later
Workers who were injured in 2004 or later may be eligible for a supplemental job
displacement benefit if the employer does not offer suitable work.
What is a
supplemental job displacement benefit?
A
supplemental job displacement benefit is a voucher that promises to help pay for
educational retraining or skill enhancement, or both, at state-approved or state
accredited schools. You can use the voucher to pay for tuition, fees, books, or
other
expenses required by the school for retraining or skill enhancement. Up to 10
percent of the voucher money may be used to pay for services of a vocational
return-to-work counselor, a person who helps injured workers develop their goals
and plans for returning to work.
What is the dollar amount
of this benefit?
The
amount depends on the rating that a workers’ compensation judge considers
appropriate for your permanent disability. The judge makes this determination
when
reviewing a settlement of your case or when issuing a Findings and Award in your
case.
The
dollar amounts of vouchers are as follows:
Ø
• Up
to $4,000 for permanent disability ratings less than 15%
Ø
• Up
to $6,000 for permanent disability ratings between 15% and 25%
Ø
• Up
to $8,000 for permanent disability ratings between 26% and 49%
Ø
• Up
to $10,000 for permanent disability ratings between 50% and 99%
How can I obtain this benefit?
The
claims administrator must send you a supplemental job displacement benefit, or
“voucher,” if the following are true:
•
Your employer does not offer you modified or alternative work within 30 days
after
your final temporary disability (TD) payment,
• You
do not return to work for your employer within 60 days after that payment,
and
•
Your injury causes permanent partial disability.
The
claims administrator sends the voucher on a form called, “Supplemental Job
Displacement Nontransferable Training Voucher Form” (DWC-AD 10133.57).
When do I receive the voucher?
The
claims administrator must send you the voucher within 25 days after a workers’
compensation judge issues an award for permanent partial disability.
What schools can I attend?
The
voucher helps pay for you to attend a state-approved or state-accredited school.
This
can be a California community college, a California state university, or the
University of California.
Or it
can be a private school in California that is:
•
Approved by the California Bureau for Private Postsecondary and Vocational
Education (BPPVE) or a California state agency that has an agreement with the
BPPVE
for the regulation and oversight of non-degree-granting private
postsecondary institutions
—
or
—
•
Accredited by one of the regional associations of schools and colleges
authorized by the U.S. Department of Education
—
or
—
•
Certified by the Federal Aviation Administration.
It
can also be a school outside California approved by an agency in another state
similar to the BPPVE.
What vocational
return-to-work counselors can I use?
The
state Division of Workers’ Compensation maintains a list of qualified vocational
return-to-work counselors. See the DWC website:
www.dir.ca.gov/dwc.
How do I use the voucher
to pay for expenses?
If
you present the voucher to the school and counselor you select, they can contact
the claims administrator for direct payment. If you pay the expenses directly
and submit receipts to the claims administrator, the claims administrator
reimburses you. He or she must do this within 45 days after receiving the
receipts along with your signed voucher.
Is there a deadline for
using the voucher?
No.
The law does not specify a time limit or expiration date.
I have a problem with my
supplemental job displacement benefit. What can I
do?
You
can contact your employer, the claims administrator, a state Information &
Assistance officer, an attorney, or your union (if you have one). Don’t delay,
because there are
deadlines
for
taking action to protect your rights.
If You Were Injured Before 2004
Workers who were injured before 2004 may be eligible for vocational
rehabilitation
benefits if the employer does not offer suitable work.
Note:
Vocational rehabilitation benefits will not be available after 2008, regardless
of
your
date of injury.
What are vocational
rehabilitation benefits?
Vocational rehabilitation benefits include:
•
Services to help you find a job, if you are unable to do your old job and your
employer doesn’t offer you other work. The services may include, for example,
counseling, training, education, or self-employment.
• A
maintenance allowance to help with living expenses while receiving these
services.
Receiving vocational rehabilitation services does not guarantee that you will
find a job, or that it will pay the same as your old job.
Are there dollar limits on
these benefits?
Yes.
Usually the claims administrator is only required to pay up to $16,000 (total)
for
vocational rehabilitation benefits. This includes fees paid to a rehabilitation
counselor, costs of training or education, and maintenance allowance payments
while you are in vocational rehabilitation.
How can I obtain
vocational rehabilitation?
The
claims administrator may
offer
you
vocational rehabilitation.
You
also can request
it in
some situations. For example, you can request vocational
rehabilitation if you weren’t ready for the services before, but now you are
ready. The
deadline to request vocational rehabilitation depends on many factors.
What happens next?
If
you accept an offer of vocational rehabilitation or your request for vocational
rehabilitation is approved, the claims administrator will suggest a
rehabilitation
counselor to evaluate and counsel you. This person is also called a qualified
rehabilitation representative, or QRR.
The
claims administrator must reach agreement with you on the person who will be
your
rehabilitation counselor.
Am I
required to use the services of a rehabilitation counselor?
Usually a worker is required to use the services of a rehabilitation counselor
while in
vocational rehabilitation. Fees paid to the counselor are part of the $16,000
limit on
your
vocational rehabilitation benefits.
However, if you are already enrolled at a community college, state university,
or the
University of California, it is possible that funds normally paid for counseling
may be
used
to help pay for your college or university costs.
To
request permission to have these funds pay for college or university costs,
contact a state Division of Workers’ Compensation rehabilitation consultant. Or
contact anInformation & Assistance officer or any attorney.
What
happens after the rehabilitation counselor is selected?
After
the rehabilitation counselor is selected, he or she meets with you to determine
whether you will be able to participate in vocational rehabilitation.
If
you are able to participate in vocational rehabilitation, you and your
rehabilitation
counselor jointly prepare a written vocational rehabilitation plan.
The
plan could include one of the following:
• A
modified job or alternative work with your employer (even if your employer
did
not offer this earlier)
• Job
placement with another employer
•
On-the-job training
•
Education or training in a school
•
Self-employment.
After
preparing the plan, you receive the services described in the plan. You may also
receive job-placement counseling from the rehabilitation counselor.
What payments can I
receive for living expenses while in vocational
rehabilitation?
If
you are receiving temporary disability (TD) payments, you continue to receive
them
while
participating in vocational rehabilitation. They continue for as long as you are
eligible for TD. (To learn about TD payments, see Chapter 5.) TD payments are
not
part
of the $16,000 limit on vocational rehabilitation benefits.
If
you are not receiving TD payments, you may be eligible to receive:
•
Vocational rehabilitation maintenance allowance (VRMA) payments. These can
be up
to $246 per week (depending on your wages before injury), for up to 52
weeks. VRMA payments are part of the $16,000 limit on your vocational
rehabilitation benefits.
•
Permanent disability (PD) payments in some situations, to supplement the
maintenance allowance. To learn about PD payments, see Chapter 7.
Can I decline vocational
rehabilitation?
Yes.
You may reject an offer of vocational rehabilitation benefits if you do not need
or want the services. If you reject this offer, however, you may lose your right
to receive vocational rehabilitation in the future.
Can I
exchange vocational rehabilitation benefits for cash?
If
you are represented by an attorney, you may give up your rights to future
vocational rehabilitation benefits as part of a settlement. (A settlement is an
agreement between you and the claims administrator about your workers’
compensation case. In a settlement involving vocational rehabilitation benefits,
you would receive a lump-sum payment, not greater than $10,000, to be used in
self-directed vocational rehabilitation.
If
you are not
represented by an attorney, you cannot give up your rights to future
vocational rehabilitation benefits as part of a settlement unless certain
conditions are
met.
I have a problem with my vocational rehabilitation benefits. What can I do?
You
can contact your employer, the claims administrator, a state Information &
Assistance (I&A) officer, an attorney, or your union (if you have one). You can
also
request help from the Rehabilitation Unit of the state Division of Workers’
Compensation. There are
deadlines
for
taking action to protect your rights.
