Legal Question in Workers Comp in California
Qualified Injured worker
I have been rated 16% disability Post tramatic head syndrome,min to slight.By agreed medical evaluation.
Injured two years ago and I have been working full time without any problem with work performance nor have i called off sick due to the injury.
the doctor said I was a qualified injured worker
eligible for vocational training.
I do not want to lose my job. Dose the recomendation by this doctor based on my job analysis and degree of disability mean that i have to be trained for another vocation thats not even guaranteed and lose the good paying job that I currently work? Do I have any say in this?
I have an attorney,but this is not the out come that I want. My claim was only to get medical treatment at the time. I could lose everything because of this.
2 Answers from Attorneys
Re: Qualified Injured worker
Have you expressed your concerns with your attorney? He should probably set up a cross with the AME and find out why if you're functioning well and working why made you QIW.
Good Luck
David B. Lupoff, Esq.
No
Ask the insurance adjuster to obtain a job description from the employer, or have them draft a vocational rehabilitation plan to suit your current employment. That way if your job requirements change within the next 12 months, you can still get vocational rehabilitation. Most insurance carriers will do this because they get the benefit of providing VR without really providing same.
Alternatively, given that you are employed and VR is not in issue, you make asked the employer to buy our your rehabilitation benefits.