Our system of workers’ compensation is supposed to be set up to protect the injured worker, get him quick and timely benefits and get him back to work as soon as is feasible, hopefully in his same job. While the system works for the vast majority of injured workers, for both claimant and respondent, there are often seen problems that arise. From the claimant’s perspective, one of the most tragic occurs when an injured worker cannot physically return to the job on which he was injured. That worker now faces a return to work, if work can be found at all, at a significantly reduced rate of pay with no seniority, fewer benefits, if any, in a job setting different from his chosen vocation.

In the author’s opinion, here our statute is sadly lacking, due in part to the 1993 changes implemented in the statute at that time. Vocationally there is no longer a separate mandate for insurance companies and employers to fund a Division of Workers’ Rehabilitation.

As to benefits available after permanent impairment, the current statute at §31-308a allows only the same number of weeks of additional wage differential as the injured worker was given in impairment rating weeks removing from the Commissioner’s powers any discretion at all to increase this amount. If the average claimant is lucky (luck being a relative term given the need for a high impairment to justify a higher number of weeks), he will obtain a year of additional wage replacement and will then be on his own. That he is now earning significantly less money for the rest of his earning career, regardless of his age and has lost seniority, retirement and other benefits is simply not compensated for within our current statutory scheme.

What are the options for a claimant in the system who cannot return to the job on which he was injured? If he is not totally disabled and has exhausted his §31-308a wage differential benefits, our system will no longer compensate him. Medical treatment issues aside, a claimant must maximize the availability of vocational rehabilitation options as soon as he is able, perhaps even while treating and collecting total, partial or permanent impairment benefits.

Within the system of workers’ compensation, there exists a division of the Commission known as the "Division of Workers’ Rehabilitation" set out in the statute and regulations at §31-283. This division, once a separately funded operation, is now run as an administrative arm of the Commission itself. It is subject to staffing and funding concerns universal throughout State government. It is a no cost resource for the worker who is fortuitous enough to qualify for the service and be accepted into a program for retraining.

The statute sets out that in order to qualify for Rehabilitation Services within the Commission, an injured worked must be permanently impaired such that he cannot return to pre-injury employment. Although the statute does not specifically address this, the injured worker must also be able to read, write and must be a high school graduate or have a GED. This is due to the requirements of the available retraining programs. If an injured worker may qualify for the program, claimant’s counsel, the commissioner, even the insurance representative should make the claimant aware of this resource and encourage the claimant to apply. Client’s who do not qualify due to a lack of GED or language skills, should be advised to apply to their municipality’s continuing education classes, which are usually offered to residents at a nominal fee and contact vocational rehabilitation anyway. Your client can apply at any compensation office, by calling or dropping in to fill out the application. An appointment can be set up through any of the eight district offices. As claimant’s counsel, you may be asked to provide medical records to the rehabilitation counselor assigned to your client to help them document your client’s eligibility for the available services. Keep in mind that this service will provide assessment and education, but it will not actually get your client a job. The task of actually finding a job utilizing the newly acquired skills will still fall to your client. The client should be made to understand that a job search is a full time job not just a form with 5 work searches a week filled in.

If your client is not receiving compensation indemnity benefits, he or she may qualify for subsistence benefits while participating in certain full time rehabilitation programs, through the Commission. Those benefits along with rights to appeal denial of access to the system are outlined in the statute.

But what happens to the injured worker who does not qualify for benefits any longer under the statute, and who doesn’t qualify for rehabilitation under 31-283. Where does he or she go for retraining or for money to live while retraining and or looking for a job? An injured worker can collect unemployment benefits to the extent that he is eligible, so long as he is not receiving wage replacement benefits from workers’ compensation. This can be done on line or over the phone. Another option is Social Security Disability, which benefits have a broader definition of what the administrator can take into consideration such as the injured worker’s entire physical condition, not just the effects of the work related injury, as well as age education and work experience. Applications are available on line or at any Social Security office. If the client is left with no other options, state assistance such as welfare and food stamps, are the remaining alternatives. In a small number of cases, you may be able to assert a claim for total incapacity, despite outlined work restrictions, under the Osterlund v. State series of cases.

The place the injured worker is not able to go for help is to the employer or carrier. There exists no requirement in the statute obligating a compensation carrier or employer to provide retraining or vocational counseling. Many carriers will make a cost/benefit analysis in a long term partial case under §31-308(a) or §31-308a and provide these services. With the reduction of §31-308a benefits in the statute however, their incentive to do so has decreased. An adjuster with foresight may see that to retrain the claimant back to a similar earning capacity will destroy future claims for reduced earning capacity, due to the injury, since the employee was able to earn the same or similar amount after retraining. Some clients are fortunate to have an adjuster or company who will work with them to try to make them whole despite the lack of statutory demand that they do so. Some of my clients have been assigned to a vocational counselor to help them work on a resume and help them with a job search. There exist programs where your client can receive on the job training for a job that if he works out, he will get at the end of the program. These programs raise their own issues, however have the potential to help your client get back on his feet in the workplace.

If the system is essentially exhausted and vocational rehabilitation through the Commission is not working for your client what then? Presumably your client has work capacity less than his pre-injury employment, has made a legitimate search for work and can’t find any. Here the system simply stops working. Your client is on his own. Outside sources to look for jobs do exist for your client, if he is diligent and pursues them. Those who are computer literate have a definite advantage. Most local libraries provide free internet access.

The State of Connecticut department of labor operates a website, with general information on labor issues in Connecticut (www.ctdol.state.ct.us). A call or visit to the Department of Labor, whose main branch is located in Wethersfield, will also yield information regarding free job search materials for Connecticut. This website contains valuable information and links to education training, job search engines and more. Listed on the home page are job fairs, the job bank, federal and state testing dates, workshops, training information, and information for special services available to veterans called TAP or Transfer Assistance Programs which are available to veterans, even after they have separated from the military. There is a link to a site that addresses how to write a resume, how to go about a job search and how to interview among other things. Much of the information and service provided through the state can be accessed free. The information website is www.ctjobandcareer.org. Listed on this website are the various sites for the CT Works Centers located across the state. These programs may be free to eligible workers. The department of labor is charged with implementing the Federal mandates created by the Workforce Investment Act. Resources made available by Federal funding to assist in the education and training of worker’s in the state are also available to qualified applicants.

Located at www.ctdhe.org/eeic, the department of higher education makes available a toll free hot line (1-800-842-0229 or 860-947-1810). This hotline and website allow the searcher to investigate options for retraining and career changes. While the site and information from the higher education may be free, the client should be aware that there will be costs involved in the actual retraining process.

There exist multiple privately operated websites applicable to job retraining and searches. At www.experienceworks.org/vision.html the older injured worker can find ways to utilize transferable skills. There are websites devoted to finding a job, such as www.snagajob.com, www.careerbuilder.com, and www.monster.com. On these sites you can search for listed jobs and list your own resume at no charge. The sites offer services that they do charge for such as resume writing. They do try to push these paid services. They make their money from these services, from the employers who pay to list their jobs and receive replies and from advertising that is done on the sites. These are good places to start to find employers who are actually looking for people with certain job skills.

The days of searching for a job by walking into the center of town and walking in to the business are over. Our world is becoming high tech. Our job searches and retraining are following their lead. Encourage your clients to seek out available free retraining through the Commission’s DVR, the State and other avenues and to utilize everything available to improve their marketability and hopefully reduce the devastating impact a workplace injury can have on them for years to come. The sooner they do it the better.x