Obtaining Supplemental Job Displacement Assistances in the State of California
When a worker in the State of California is unable to return to his or her former employment as a result of a work-related grievance, the worker may be able to obtain supplemental benefits that could help him or her find a new job. Injured workers who have been left with permanent disabilities can not only obtain workers’ compensation benefits, but can also apply for supplemental job displacement benefits. These benefits can typically come in the form of a voucher, which could be used to cover the costs of a training program or course in order to obtain the skills necessary to enter into a new line of employment.
Qualifying Factors to Receive Supplemental Job Displacement Benefits
A worker in the State of California can be entitled to receive supplemental job displacement benefits if the following conditions apply:
- The worker has a permanent disability that was caused by a work-related grievance, and
- The worker was not offered a regular, adjusted, or alternative employment that met legal standards.
Once a physician has indicated that the worker has a permanent and stationary medical condition, the doctor could determine if the condition will affect the worker’s ability to sustain his or her job. The physician will usually write a report that will highlight the workers’ employment restrictions.
In the event that the worker is unable to return to his or her normal job position held before the incident, the employer could offer the worker adjusted work duties that could accommodate for these newfound work restriction. The employer could also offer the injured worker with an alternative job that the worker would find easier and comfortable to handle despite the permanent disabilities. In either case, the adjusted or alternative job tasks will need to:
- Meet a minimum of 12 months in duration,
- Pay the worker a minimum of 85% of what the worker was earning before the incident that caused the worker’s grievance, and
- Be reasonably located near the worker’s residence at the time of the incident.
In the event that an employer is unable to offer the worker an adjusted job position or a different task within 60 days of the physician’s medical report, the worker will be eligible to obtain supplemental job displacement benefits. A worker, however, will be unable to obtain benefits if the employer offered modified or alternative job duties that met the legal requirements.
Once the injured worker has been approved to receive supplemental job displacement benefits, an insurance adjuster handling the case will send the voucher at the end of the 60-day period.
Seek the Legal Guidance of a Workers’ Compensation Attorney
When a worker has sustained an injury as a result of a work-related incident, the worker can face a multitude of challenges in attempting to obtain workers’ compensation benefits. In effort of receiving the maximum amount of benefits, consider seeking the legal expertise of an attorney who is experienced in handling workers’ compensation cases.
Attorney Scot Thomas Moga and his team are very skilled in handling workers’ compensation benefits in relation to vocational vouchers. Attorney Moga will investigate a workers’ compensation case and ensure that the injured worker receives the benefits he or she deserves.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
