Choose Your Own QRC: MN Work Comp. Qualified Rehabilitation Consultants

In Minnesota, if you are having difficulty performing your job duties because of your work injury, or if your employer has terminated you or laid you off because there is no work within your restrictions, you may be eligible for the assistance of a Qualified Rehabilitation Consultant (QRC).

If you are injured on the job, you have the right to request a consultation with a QRC at any time. After your consultation, the QRC will determine if you are a “qualified employee,” which means

"an employee who, because of the effects of a work-related injury or disease, whether or not combined with the effects of a prior injury or disability:

A. is permanently precluded or is likely to be permanently precluded from engaging in the employee's usual and customary occupation or from engaging in the job the employee held at the time of injury;

B. cannot reasonably be expected to return to suitable gainful employment with the date-of injury employer; and

C. can reasonably be expected to return to suitable gainful employment through the provision of rehabilitation services, considering the treating physician's opinion of the employee's work ability."

If you are found to be a qualified employee, your QRC works with you, your employer, your medical providers, and the workers’ compensation insurance company to help you get back to suitable gainful employment.

QRC’s also provide medical management services, transferable skills analysis, vocational testing, ergonomic job modification, job seeking skills training, resume preparation, and job development and placement.

You have the right to choose your own QRC! The QRC you choose can have a significant impact on your case. 

Qualified Rehabilitation Consultants are licensed in the state of Minnesota to provide vocational rehabilitation services to injured workers. While QRC’s are supposed to work in the interests of both the employee and the employer, some QRC’s are not exactly “independent.”

If an insurance company assigns you a QRC, there’s a good possibility that if push comes to shove, your insurance-company-assigned QRC is not going to be looking out for your interests. Even if you’ve met with a QRC the insurance company assigned to you, and you’ve signed a Rehabilitation Plan (R-2) in Minnesota, you have the right to change QRC’s within 60 days without having to seek approval from the workers’ compensation insurance company.

If you feel like your QRC is minimizing your injuries, if you feel like your QRC is pushing your doctor to return you to work too early, or if you feel like your QRC is pressuring your doctor to decrease or remove your restrictions, you may want to consider changing QRC’s. 

After 60 days have passed, it gets more difficult to change QRC’s. After that point, you must have pre-approval from your workers’ compensation insurer, or you must get a decision from the Department of Labor and Industry or a Workers’ Compensation Judge in order to switch. You must show that a change in QRC’s is in the best interests of both parties.

If you’ve been contacted by a QRC that’s been assigned to you by your employer or their insurance company, it’s a good idea to speak with a Minnesota workers’ compensation lawyer before agreeing to that QRC. For a free, no-obligation workers’ compensation case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

Work Restrictions and Minnesota Workers’ Compensation FAQ’s

If you’ve sustained an on-the-job injury in Minnesota, and your doctor has advised you to limit or restrict your work and/or leisure activities, these limitations are referred to as work restrictions. 

Your doctor may provide you with a workability report documenting your limitations, or may tell you to avoid doing certain activities. If you have concerns about your ability to perform your normal job activities following a work injury, it is critical that you discuss these concerns with your doctor. If your doctor tells you to restrict your work activities, you need to have your doctor provide you with a note or workability form documenting your limitations. Documentation of your work limitations must be provided to your employer. Whether an injured worker has work restrictions or not is a major factor in a Minnesota workers’ compensation case. Injured workers who have work restrictions often have questions, including:

What if I can’t do my job because of my restrictions? 

If you can’t perform your normal job duties, your employer may provide you with light duty work, may make accommodations to your job duties to meet your restrictions, or they may give you an alternative assignment that is within your limitations. If your employer cannot accommodate your restrictions, and as a result, you can’t work at your regular job, you may be entitled to wage loss benefits and/or rehabilitation benefits.

I’m afraid to tell my supervisor that I have restrictions because I don’t want to lose my job, what should I do? 

If you are injured at work in Minnesota, you’re required to provide documentation of any work restrictions to your employer. Failure to do so can hurt your legal rights. More importantly, however, if you continue to work outside your restrictions, you may make your injury worse. Your employer cannot fire you for having work restrictions.

My employer won’t let me come back to work unless I’m 100% cleared for duty, what should I do? 

If your employer cannot provide you with light duty work and you have work restrictions because of an on-the-job injury, the workers’ compensation insurance company should be paying you wage loss benefits while you’re off work. You may also be entitled to rehabilitation assistance from a Qualified Rehabilitation Consultant. Don’t let your employer pressure you into being released to full duty before you’re ready. Returning to full-duty work before you’re physically ready to do so can adversely affect your legal rights, and more importantly, it can adversely affect your health.

My employer isn’t following my restrictions. They keep having me do work that’s outside what my doctor says I should be doing, what should I do? 

Your employer cannot force you to work outside your physical restrictions, but unfortunately, some employers do it anyway. What an employee should do in this situation is dependent on the circumstances. A Minnesota workers’ compensation lawyer can help you if your employer is forcing you to perform duties that are outside your restrictions.

I’m working light duty, but I’m still having trouble doing some of my job duties even though they’re within my doctor’s restrictions, what should I do? 

You should discuss the situation with the doctor and explain the job duties that are causing your problems. If appropriate, your doctor may clarify or adjust your restrictions to help you avoid those job activities that are causing you difficulty.

My restrictions are now permanent. My employer can’t provide me with a permanent light duty job. What should I do? 

If you not able to return to your former employment because you have permanent restrictions as a result of a work injury, you may be eligible for wage loss benefits while you look for a new, physically suitable job. You may also be eligible for the assistance of a Qualified Rehabilitation Consultation who can provide vocational rehabilitation services or help you with a retraining plan to help you find a new, physically and economically suitable job.

I don’t have written restrictions – I’ve just been watching what I do at work and avoiding activities that cause me difficulty. Do I need written restrictions? 

Written documentation of your work restrictions are ALWAYS, repeat ALWAYS, better than simply just watching what you do at work. If there’s ever a dispute about your ability to do your job, while your testimony about limiting your work activities can be used to support your claim, written documentation of your restrictions is much, much stronger. We’ve seen this situation go awry for countless injured workers. Written work restrictions go a long way towards protecting your legal rights.

My doctor has given me work restrictions, but the insurance company’s independent medical examiner says I can return to work without restrictions. What should I do? 

You should speak with a Minnesota workers’ compensation attorney. If your claim has not already been denied, it will be soon. That being said, what an injured worker should do in this situation is largely based on the circumstances, and a workers’ compensation lawyer can instruct you on the best course of action. In some circumstances, the injured worker should continue to follow his or her doctor’s orders. In some circumstances, it may be appropriate for the injured worker to try to return to work and see how it goes. In some circumstances, it may be appropriate for the injured worker to undergo a Functional Capacity Evaluation (FCE) to get an objective measure of that worker’s limitations.

I have work restrictions due to an on-the-job injury, and I'm being laid off. Am I eligible for benefits?

In many cases, yes! Workers' compensation insurance companies often fail to tell injured workers who have restrictions, and who are laid off, that they may be eligible for wage loss benefits and/or rehabilitation benefits in the event that they are laid off or terminated. Speak with a Minnesota workers' compensation attorney to help you get the benefits you're entitled to.

I have a work injury and work restrictions, and my employer says I was terminated "for cause." What should I do?

You should contact a Minnesota workers' compensation lawyer. While Minnesota law prevents employers from terminating an employee in retaliation for filing a workers' compensation claim, unfortunately we see cases on a regular basis where an injured worker who is under restrictions suddenly becomes targeted for write-ups, discipline, and termination, after they're been hurt. Termination for misconduct can be a basis for denial of benefits in some workers' compensation cases. That being said, "termination for cause," is not the same thing as "termination for misconduct." Even when an injured worker with work restrictions has been terminated for misconduct, he or she may be entitled to wage loss and/or rehabilitation benefits.

If you have questions about your work restrictions, what rights you have if you have work restrictions, or what to do if your employer cannot accommodate your work restrictions, a Minnesota workers’ compensation lawyer can help. Call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with one of our attorneys. 

What Do You Want Be When You Grow Up? – Minnesota Workers’ Compensation and Retraining Benefits

Are you disabled due to a Minnesota work injury and can't go back to your job? Do you need to learn new skills to compete in this job market? If so, you may be eligible for Minnesota workers' compensation retraining benefits.

If you sustain a work-related injury in Minnesota, you may be eligible for vocational rehabilitation services if 1) you need help returning to work because of your injury, and 2) your employer is unable to offer you suitable gainful employment within your work restrictions. Vocational rehab services are coordinated between you, your employer/insurer, and your Qualified Rehabilitation Consultant (QRC). These services can include, but are not limited to: 1) modifying your job duties to fit your abilities, 2) finding work with a different employer if yours does not have suitable work available, and 3) training for a new job.

You can request vocational rehabilitation assistance at any time by contacting your workers’ compensation insurance company, and requesting a rehabilitation consultation. If you have a workers’ compensation lawyer, your lawyer may request the assistance of a QRC on your behalf.

Your rehabilitation plan may include retraining. Retraining is a formal course of study designed to assist an injured worker’s return to suitable gainful employment.

For dates of injury from October 1, 1995 through September 30, 2000, you must file a request for retraining with the Department of Labor and Industry before you receive 104 weeks of temporary total disability and/or temporary partial disability benefits. For dates of injury between October 1, 2000, and September 30, 2008, you must file a request for retraining before 156 weeks of temporary total disability and/or temporary partial disability. For dates of injury on or after October 1, 2008, you must file a request for retraining before 208 weeks of temporary total disability and/or temporary partial disability benefits.

Your Qualified Rehabilitation Consultant (QRC) is responsible for preparing your retraining plan. The plan must be approved by the insurer and by the Minnesota Department of Labor & Industry.

In addition to receiving training or education to assist you in returning to suitable gainful employment, if you are approved for a retraining plan, you may also be eligible for payment of retraining benefits for up to 156 weeks. Retraining benefits are monetary benefits that are essentially the same as temporary total disability benefits.

The Minnesota Supreme Court has held that retraining is necessary if it will materially assist the employee in restoring an impaired earning capacity. Nordby v. Arctic Enter., Inc., 232 N.W.2d 773 (1975). Factors that are considered in determining eligibility for retraining include:

• The reasonableness of retraining compared to the employee’s return to work with the employer or through job placement activities;
• The likelihood of the employee succeeding in a formal course of study given the employee’s abilities and interests;
• The likelihood that retraining will result in a reasonably attainable employment; and
• The likelihood that retraining will produce an economic status as close as possible to that which the employee would have enjoyed without the disability.
  

If you and your QRC decide to explore retraining as an option to help you get back to work, you will typically undergo vocationally testing, including aptitude testing and interest testing to determine whether you have the requisite intellectual ability to complete a proposed course of study, and to determine appropriate fields of study. A labor market study is also done to determine the current and future availability of jobs in the proposed area of retraining. This is particularly important given the poor job market right now. A determination will also be made as to whether you are physically capable of performing work in the proposed area of retraining. After these things have been completed, a proposed retraining plan must be developed and filed with the Department of Labor and Industry, which contains the following information:

• Identifying information on the employee, employer, insurer, and QRC;
• The rehabilitation goals;
• Information about the formal course of study required by the retraining plan, including the name of the school, titles of classes, the courses length in weeks, an itemized cost of tuition, books, and other necessary school charges, mileage costs and other required costs;
• Starting and completion dates;
• Pre-injury job title and economic status, including, but not limited to, pre-injury wage;
• A narrative rationale describing the reasons why retraining is proposed, including a summary comparative analysis of other rehabilitation alternatives and information documenting the likelihood that the proposed retraining plan will result in the employee’s return to suitable, gainful employment;
• Dated signatures by the parties signifying an agreement to the retraining plan; and
• An attached copy of the published course syllabus, physical requirements of the work for which retraining will prepare the employee, medical documentation that the proposed training and field of work is within the employee’s physical restrictions, reports of all vocational testing or evaluations, and a recent labor market study of the field for which training is proposed.
  

The Commissioner reviews the proposed training plan within 30 days of its submission and notifies the parties of plan approval or denial. A party who disagrees with a decision of the Commissioner about rehabilitation may request a formal hearing.

As you may have ascertained, retraining programs are expensive. If you are approved for retraining, not only does the insurer have to pay for the cost of the educational program itself and all incidental expenses, such as text books, but you may also be entitled to monetary “retraining benefits” for the duration of the plan, up to a maximum of 156 weeks. This is in addition to any wage loss benefits the insurer had to pay prior to the initiation of the retraining plan, and in addition to any additional wage loss benefits you may be entitled to after completion of the plan. Given the extensive costs associated with retraining benefits, it is rare indeed for a workers’ compensation insurer to voluntarily agree to a proposed retraining program for an injured worker.

If you are interested in retraining benefits, ask your QRC about your eligibility. If you’re off work due to a Minnesota workers’ compensation injury, and you don’t have a QRC assisting you, contact us and we can help you get in contact with a QRC for an initial consultation.

For a free, no-obligation consultation contact Meuser & Associates at 877-746-5680 or click here to send us an email to speak with one of our workers’ compensation attorneys for a free case evaluation.

Visit MeuserLaw.com for more information about Minnesota Workers' Compensation.

Rehabilitation Assistance for Workers When Your Minnesota Workers’ Compensation Claim is Denied

If you have a work related injury in Minnesota, but the employer/insurer is denying your claim or disputing medical causation on your claim, and you need assistance returning to work, you may be eligible for the assistance of a Qualified Rehabilitation Consultant (QRC) through the Department of Labor and Industry’s Vocational Rehabilitation Unit (VRU).

In our Minnesota workers' compensation practice, we frequently see injured workers whose claims are denied struggling to return to work. In many instances, these folks benefit from rehabilitation services provided through the Department of Labor and Industry's Vocational Rehabilitation Unit (VRU).

VRU services are designed to help injured workers return to suitable employment as quickly as possible. This could mean a return to work with the pre-injury employer, in either the same job or another job, or to a new employer in the same or a different type of work.

Vocational rehabilitation services provided by the Minnesota Department of Labor and Industry's Vocational Rehabilitation Unit (VRU), include:

• Rehabilitation consultation
• Medical management
• Return-to-work services
• Job analysis
• Vocational counseling and evaluation
• Transferable skills analysis
• Job-seeking skills training
• Job development and job placement
• On-the-job training
• Retraining evaluation

These services are provided or coordinated by a VRU qualified rehabilitation consultant (QRC).

An injured worker does not have to pay for these services. Rehabilitation services are paid for by the workers’ compensation insurance company.

In order to eligible for rehabilitation assistance through the Minnesota Department of Labor and Industry, you must request a VRU QRC Consultation, and you or your attorney must initiate a claim by filing a Claim Petition or Objection to Discontinuance. Click here to download a copy of the request form.

Rehabilitation services are a valuable benefit for injured workers. To learn more about your right to rehabilitation services, contact us at Meuser & Associates for a free, no-obligation workers’ compensation consultation. Call us today at 877-746-5680 or click here to send us an email.

Visit us at MeuserLaw.com.

More 3M Layoffs and MN Work Comp. Benefits

News of more and more layoffs belies the harsh reality that our economy is not recovering quickly. The Pioneer Press recently reported that Maplewood, Minnesota-based 3M Company laid off 1,200 workers in the first three months of 2009, and 2,400 in the last three months of 2008. Executives said that more job cuts could be coming. Several hundred of these layoffs are from 3M locations within Minnesota.

Hopefully, the economy will start to recover, layoffs of Minnesotans will slow in the next few months and folks can start getting back to work.

While getting laid off is extremely difficult, it can be even more difficult for laid-off workers who have physical restrictions related to a work injury. Frequently, workers who are on light-duty or who have physical restrictions related to a work injury are the first to be laid off. These physical restrictions, such as lifting limitations, or limitations on the number of hours a person can work can make finding a new job incredibly difficult. Fortunately, in Minnesota, if a worker who has physical restrictions due to a work-related injury is laid off for economic reasons, that worker may be entitled to wage loss benefits, and rehabilitation assistance through workers’ compensation.

Wage loss benefits, including Temporary Total Disability (TTD) Benefits, Temporary Partial Disability (TPD) Benefits, and Permanent Total Disability (PTD) Benefits, are available to workers who are unable to work, or who are working at a wage loss due to a work-related injury.

These workers may also be entitled to the assistance of a Qualified Rehabilitation Consultant (QRC), who can provide job placement services and/or retraining.

If you’re a 3M worker, or any other worker who has been laid off for economic reasons, but you have physical restrictions for a work-related injury, you may be entitled to workers’ compensation benefits. To schedule a free, no-obligation consultation with one of our workers’ compensation lawyers, call Meuser & Associates at 877-746-5680 or click here to send us an email. We can help you get the benefits you are entitled to.

Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com

Rehabilitation Benefits and the Assistance of a Qualified Rehabilitation Consultant (QRC)

One of the most frequently overlooked benefits available to injured workers is the assistance of a Qualified Rehabilitation Consultant (QRC).

If you are having problems performing your job duties because of your work injury, or if your employer has terminated you or laid you off because they do not have work within your restrictions, you may be entitled to the assistance of a Qualified Rehabilitation Consultant (QRC). A QRC is a licensed professional who provides vocational rehabilitation services to injured workers.

If you have a work injury and need help getting back to work, the assistance of a QRC may be useful to you. If you are injured on the job, you have the right to request a consultation with a QRC at any time. At the consultation, the QRC will determine if you are a “qualified employee,” which means an

employee who, because of the effects of a work-related injury or disease, whether or not combined with the effects of a prior injury or disability:

• A. is permanently precluded or is likely to be permanently precluded from engaging in the employee's usual and customary occupation or from engaging in the job the employee held at the time of injury;
• B. cannot reasonably be expected to return to suitable gainful employment with the date-of injury employer; and
• C. can reasonably be expected to return to suitable gainful employment through the provision of rehabilitation services, considering the treating physician's opinion of the employee's work ability.

If you are found to be a qualified employee, the QRC works with you, your employer, your medical providers, and the workers’ compensation insurance company to help you get back to suitable gainful employment. QRC’s also provide medical management services, transferable skills analysis, vocational testing, ergonomic job modification, job seeking skills training, resume preparation, and job development and placement.

Your employer or the workers’ compensation insurance company may assign a QRC to your case. You have the right, however, to choose your own QRC. If you have already been assigned a QRC, you can request a change of QRC’s within 60 days of filing of the Rehabilitation Plan (R-2) with the Department of Labor and Industry. After 60 days, you can change QRC’s if all parties agree.

It is important that you exercise your right to choose your own QRC. Frankly, some QRC’s are better than others. A QRC assigned by your employer and the insurer may not have your best interests in mind. A good QRC looks out for your best interests.

If you have a work injury that is interfering with your ability to work and you would like the assistance of a QRC, or if you are unhappy with the QRC assigned by your employer or insurer, give us a call at 877-746-5680 or click here to send us an email to schedule a free consultation. We can help you get a consultation with a Qualified Rehabilitation Consultant who will look out for your best interests.

Visit our workers' compensation website at MeuserLaw.com!