Most people who suffer work-related injuries both need and want to go back to work when they’re able to. Some can continue doing the same job, but maybe with some limitations. Others need to learn to do a different job. Either way, vocational rehabilitation can be crucial to getting back to work. When an injured Minnesotan receives workers’ compensation benefits, those include the services of private qualified rehabilitation consultants (QRCs).
If someone’s workers’ comp claim is denied or their benefits are discontinued, having to stop these rehabilitation services while they dispute that denial or discontinuance can set them back in their efforts to develop the skills they need to get back to work. That’s why the Minnesota Department of Labor and Industry (DLI) has a Vocational Rehabilitation Unit (VRU) that provides these services if a QRC discontinues a person’s eligibility. The QRC can refer the person to these state resources.
How has the law changed?
Revisions to the law, approved by Gov. Tim Walz earlier this year, make it harder for employers and workers’ comp insurers to stop paying for private QRCs. The revised law took effect this August.
It states in part, “Once the employer or insurer has accepted liability for a claim and a rehabilitation plan has been approved, the employer or insurer may not discontinue payment of rehabilitation services until notice has been filed with the commissioner and served on the qualified rehabilitation consultant, the employee, and the attorney representing the employee, if any.”
That notice must include a “statement of facts clearly indicating the reason for the action” and the date of discontinuation. The revisions also change the time limit for scheduling a hearing if a person objects to their discontinuance from 60 days after it’s received to 60 days after it’s filed.
Certainly, if someone is recovering from an injury and working with a QRC, learning that they may have to transfer to a state VRU where they’re likely to get less time and individualized attention can be distressing. That’s why it’s crucial for anyone dealing with any negative notice regarding workers’ comp benefits to get legal guidance as soon as possible to more effectively protect their rights.
