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The Turley & Mara Law Firm, APLC

Lost Your Job? Here's What You Need to Know About Retraining

“I give you an insider’s view of California Work Injury Law.  I don’t sugar coat it. I give it to you straight. No lawyer talk, no double talk. Just good old fashioned, unsweetened truth.” California Work Injury Attorney – Bill Turley

Work Injury Attorney Workers Compensation Lawyer

The First Step

When handling your work injury case, nothing matters more than the honest truth. Nothing. You must be straightforward and honest about your case. I have seen many instances where a client will sugarcoat their injury and the courts throw out the case. Why? All because they were not honest from the get-go.

The Next Step

If you've been injured on the job, you probably have a ton of questions. I understand. You are concerned about your family and your livelihood. My suggestion is the next step you should take before anything else is to read my book, Win Your Injury Case. I wrote it to help folks like you, good people who got hurt on the job. You can order a free copy and I will cover the shipping too.

Need Help Today?

Give us a call. (619) 234-2833

Job Re-Training   

At the end of your course of medical treatment, your treating doctor will render an opinion on your ability to return to work. 

If your treating doctor declares that you are able to return to your pre-injury occupation without restrictions, your employer must offer you the same position, with the same terms, as before your injury.

If your treating doctor declares that you have certain restrictions within which you are able to return to work, your employer must provide you with your pre-injury position or an alternate position, both within these restrictions.

If your injury occurred before January 1, 2004 and your employer is unable to meet the above obligations, or your treating doctor declares that you are unable to return to your pre-injury occupation under any conditions, then you are entitled to receive Vocational Rehabilitation (VR) benefits which may include training for a new line of work and weekly benefit amount during the training period.

If you are entitled to Vocational Rehabilitation benefits, then the claims adjuster must send you:

  • A letter stating that you may be eligible for vocational rehabilitation benefits
     
  • A letter stating whether your employer is offering your job. Often this is the same letter as above. If you are being offered a job, the claims administrator must also send you an "offer of modified or alternative work" on form RU-94
     
  • A state pamphlet with information about returning to work
     
  • A copy of the doctor's report described above, with instructions on what to do if you disagree with the report.

 

If your injury occurred on or after January 1, 2004, you are not entitled to VR benefits.   Instead, if you are permanently unable to do your usual job, and your employer does not offer other work, you may qualify for a Supplemental Job Displacement Benefit (SJDB). 

This benefit comes in the form of a non-transferable voucher that can be used to pay for educational retraining or skill enhancement, or both, at state-approved or state-accredited schools. The voucher covers school tuition, fees, books and expenses required by the school for training.

If you have permanent disability that prevents you from going back to work within 60 days of your last temporary disability (TD) payment and the claims adjuster has not given you a "Notice of Offer of Modified or Alternative Work", you may be eligible for the voucher.

Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley

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