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Injured workers may be eligible for vocational rehabilitation services if they need help returning to work because of a work-related injury and their employer is unable to offer suitable gainful employment within their work restrictions. Vocational rehabilitation services are managed and coordinated by the QRC in association with the injured worker, employer, and insurer.

1. What are vocational rehabilitation services?

A work injury usually does not interrupt employment, but when it does, the employer and employee, working together, can usually bring about a return to work. However, if a work injury prevents an employee from returning to the job, vocational rehabilitation services may be requested.

2. What is a qualified rehabilitation consultant (QRC)?

Rehabilitation services are provided by experienced rehabilitation counselors approved by the department as qualified rehabilitation consultants or QRCs. A QRC conducts the rehabilitation consultation, writes the rehabilitation plan, provides rehabilitation services and guides the delivery of rehabilitation services by others. QRCs are neutral parties in the rehabilitation process. They are professionals who have knowledge of medical factors, local labor markets and statutes concerning rehabilitation within Minnesota's workers' compensation law.

3. How are vocational rehabilitation services requested?

A rehabilitation consultation to determine eligibility for rehabilitation services is the first step. The employer/insurer can request this consultation by referring the case directly to a QRC. The employee may also request a consultation; this should be done in writing to the employer/insurer -- employees may use a Rehabilitation Request form.

If liability for the claim is disputed, the employee may receive a consultation through the department's Vocational Rehabilitation unit.

4. What is the employer's or insurer's response to a rehabilitation consultation request?

When an employee requests a rehabilitation consultation, the employer or insurer responds to the request within 14 days by filing a Disability Status Report form.

‍If the employer or insurer believes a rehabilitation consultation would be helpful, the employer or insurer refers the case to a QRC. If the employer or insurer believes the employee will return to work with the employer without vocational rehabilitation services, the employer may request a waiver of the consultation and of rehabilitation services, using the Disability Status Report form.

‍If the department grants the waiver, the waiver is effective until 180 days after the injury. If the employee disputes there should be a waiver of a rehabilitation consultation, the employee may file a Rehabilitation Request form with the department.

5. Who chooses the QRC?

The insurer may refer the employee to a QRC for a rehabilitation consultation; however, the employee has the right to choose the QRC for the rehabilitation consultation up to two months after a rehabilitation plan is filed with the department. After this period, the employee and the insurer must agree to any change, or have the matter settled by the department.

6. What determines eligibility?

The rehabilitation consultation is a meeting between the QRC and the employee to determine whether the employee is eligible for rehabilitation services. The QRC will also talk with the employer and the health care provider to assess the likelihood that the employee will return to work with the employer. Eligibility for vocational rehabilitation is based on whether:

the worker is unable to do his or her usual and customary job because of the injury;
the employer is unable to provide other suitable employment, and;
rehabilitation services will benefit the worker.

A dispute about eligibility can be settled by filing a Rehabilitation Request form with the department.

7. Who develops the rehabilitation plan?

If the employee is eligible for rehabilitation services, a written rehabilitation plan is developed by the QRC. The QRC will talk with the worker, the employer, the insurer and the health care provider to develop the plan. The rehabilitation plan lists the vocational goal and the services needed to reach the goal. Only those services listed on the written plan or on later plan amendments can be provided. Rehabilitation services may include direct job-placement based on the worker's available skills, on-the-job training or retraining for a new job.

A written rehabilitation plan must be prepared within 30 days of the rehabilitation consultation; the employer/insurer then has 15 days to review the plan. The QRC must file the plan with the department within 45 days of the consultation.

8. What are the responsibilities of the injured worker in a vocational rehabilitation program?

The employee is responsible for following the rehabilitation plan and actively seeking work. Temporary total disability benefits may be stopped if the employee refuses a job offer consistent with their rehabilitation plan. The QRC provides the services of the plan or arranges for other service providers to do so. If there is no progress toward a return to work, the rehabilitation plan should be changed or closed. Rehabilitation services usually stop 30 days after a return to work. If there is a dispute about the vocational goal or services, the employee or the employer/insurer may file a Rehabilitation Request form with the department.

9. What should the injured worker expect of the QRC?

A clear purpose: The QRC's purpose is to help the employee return to work.
A specific goal, with a specific plan: The injured employee should know the goal for the outcome of the plan.
A cooperative approach to service: The QRC will ensure the injured worker is an important part of rehabilitation planning and implementation.
Promptness: The QRC should generate reports at least monthly; questions should be addressed immediately.
Clear communication: The injured worker should never be unsure about what is going on.
Problem-solving: The QRC is there to remove obstacles to the employee's return to work.

10. What is workers’ compensation?

Minnesota workers’ compensation law states all employers are required to purchase workers’ compensation insurance or become self-insured. The workers’ compensation system provides benefits if you become injured or ill from your job. Workers’ compensation covers injuries or illnesses caused or made worse by work or the workplace. Workers’ compensation benefits are paid regardless of any fault of either the employer or employee. Your employer pays the cost of the insurance.

Workers’ compensation insurance pays for the following at no expense to injured workers:

Medical care related to the injury, as long as it is reasonable and necessary.
Wage-loss benefits for part of your income loss.
Benefits for permanent damage to a body function.
Benefits to your dependents if you die of a work injury.
Vocational rehabilitation services if you cannot return to your job or to the employer you had before your injury.
Travel mileage to obtain medical treatment and/or for certain vocational rehabilitation activities.

11. How are workers’ compensation benefits paid?

Benefits are paid by your employer’s insurance company or by your employer (if self-insured). State law sets the benefit levels. Employers must display the “Employee Rights and Responsibilities” poster, which includes the name of the employer’s workers’ compensation insurer. If you cannot find the poster at your workplace or if the insurer’s name is not on it, ask your employer.

12. What happens when I am injured on the job?

Don’t wait. Report your injury to your supervisor as soon as possible. You may lose the right to workers’ compensation benefits if you do not report the injury within time frames set by law.
Your employer must complete the First Report of Injury form.
The employer has 10 days from its knowledge of a lost-time claim to report it to the employer’s insurance company.
If your disability lasts for more than three days, the insurer must file the First Report of Injury form with the Department of Labor and Industry.
Your employer or its insurer must provide you with a copy of the First Report of Injury. A copy of the First Report of Injury in a lost-time claim must also be sent to your union, if there is one.
The employer must give you the Minnesota Workers’ Compensation System Employee Information Sheet at the time you are given a copy of the First Report of Injury.
After you have reported the injury, the insurer will investigate your claim to verify it was work-related.
You should keep your employer informed of your medical condition and any work restrictions.
You must notify the insurer of changes in your employment status and keep your employer and the insurer informed of your ability to work.

13. Am I eligible for vocational rehabilitation services?

You may be eligible for vocational services if:

you need help returning to work because of your injury; and
your employer is unable to offer you suitable gainful employment within your work restrictions.

14. How do I ask for vocational rehabilitation?

You may ask for vocational rehabilitation at any time. If you think vocational rehabilitation services will be helpful, write to the insurer to request a rehabilitation consultation with a QRC.

Insurers must file a Disability Status Report form with the Department of Labor and Industry:

when rehabilitation services are requested by you, your employer or the insurer;
when it becomes known you will be unable to return to work for at least 13 weeks; or
when 90 days have passed since your injury and you have not returned to work.

On the Disability Status Report form, the insurer must either refer you for a rehabilitation consultation or request that the department waive vocational rehabilitation services.

A QRC conducts a vocational rehabilitation consultation to determine whether you are eligible for rehabilitation services. If you are eligible, the QRC will write a rehabilitation plan and coordinate rehabilitation services.

The QRC will work with you, your employer and the insurer to plan the services you need to return to suitable gainful employment.

15. Choosing a qualified rehabilitation consultant (QRC)?

For a rehabilitation consultation, the insurer may refer you to a QRC or you may choose your own at no cost to you.

If you do not choose the QRC for your consultation, you have up to 60 days after a rehabilitation plan is filed to request a different QRC.

You may be entitled to change QRCs at other times as well.

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HELPFUL HINTS FOR INJURED WORKERS

printable forms

Have additional questions? We'd love to help!Call us at (763) 226-0602

HELPFUL HINTS FOR INJURED WORKERS

printable forms

Have additional questions? We'd love to help!
Call us at (763) 226-0602