Every public agency, its insurance carrier, and the State Department of Rehabilitation shall jointly formulate procedures for the selection and orderly referral of injured full-time public employees who may be benefited by rehabilitation services and retrained for other positions in public service. The State Department of Rehabilitation shall cooperate in both designing and monitoring results of rehabilitation programs for the disabled employees. The primary purpose of this division is to encourage public agencies to reemploy their injured employees in suitable and gainful employment.
Retraining and Rehabilitation
Section § 6200
This law requires public agencies, their insurance companies, and the State Department of Rehabilitation to work together to create processes for selecting and referring injured full-time public employees for rehabilitation services. The goal is to help these employees retrain for other jobs within public service. The Department of Rehabilitation is also responsible for helping design and track the success of these programs. Ultimately, the aim is to help public agencies rehire their injured employees into fitting and productive roles.
public agencies injured employees rehabilitation services
Section § 6201
Employers or their insurance providers must inform injured workers about available rehabilitation services if the worker's disability continues for at least 28 days. This notification should be given when the worker receives back pay for their initial day of disability, particularly in cases involving a 28-day disability period or hospitalization. Additionally, a copy of this notification must be sent to the State Department of Rehabilitation.
The employer or insurance carrier shall notify the injured employee of the availability of rehabilitation services in those cases where there is continuing disability of 28 days and beyond. Notification shall be made at the time the employee is paid retroactively for the first day of disability (in cases of 28 days of continuing disability or hospitalization) which has previously been uncompensated. A copy of said notification shall be forwarded to the State Department of Rehabilitation.
rehabilitation services injured worker rights disability notification
Section § 6202
This law section states that starting a rehabilitation plan after a workplace injury is a shared responsibility between the injured employee and either their employer or the insurance company.
The initiation of a rehabilitation plan shall be the joint responsibility of the injured employee, and the employer or the insurance carrier.
rehabilitation plan injured employee employer responsibility
Section § 6203
If an injured worker's rehabilitation plan requires them to study or get medical treatment away from home, they should receive a subsistence allowance in addition to their temporary disability payments. This allowance is meant to cover essential living costs while they are away, and it's not the same as losing wage compensation. Deciding if this allowance is necessary will be part of creating the rehabilitation plan.
If a rehabilitation plan requires an injured employee to attend an educational or medical facility away from his home, the injured employee shall be paid a reasonable and necessary subsistence allowance in addition to temporary disability indemnity. The subsistence allowance shall be regarded neither as indemnity nor as replacement for lost earnings, but rather as an amount reasonable and necessary to sustain the employee. The determination of need in a particular case shall be established as part of the rehabilitation plan.
injured employee rehabilitation plan subsistence allowance
Section § 6204
If an injured worker agrees to follow a rehabilitation plan, they must actively participate and adhere to it. If they unreasonably refuse to cooperate, they risk losing support payments until they comply. However, their disability payments will not be affected by this suspension.
An injured employee agreeing to a rehabilitation plan shall cooperate in carrying it out. On his unreasonable refusal to comply with the provisions of the rehabilitation plan, the injured employee’s rights to further subsistence shall be suspended until compliance is obtained, except that the payment of temporary or permanent disability indemnity, which would be payable regardless of the rehabilitation plan, shall not be suspended.
injured employee rehabilitation plan compliance
Section § 6205
If an employee gets injured at work, they can create a rehabilitation plan with their employer or the employer's insurance company without needing approval from the State Department of Rehabilitation. These plans won't cost the state any money from the State General Fund.
The injured employee may agree with his employer or insurance carrier upon a rehabilitation plan without submission of such plan for approval to the State Department of Rehabilitation. Provision of service under such plans shall be at no cost to the State General Fund.
injured employee rehabilitation plan employer agreement
Section § 6206
This law states that an injured employee is entitled to get the medical and vocational rehabilitation they need to get back to a suitable job.
The injured employee shall receive such medical and vocational rehabilitative services as may be reasonably necessary to restore him to suitable employment.
injured employee medical services vocational rehabilitative services
Section § 6207
If an employee gets hurt and is eligible for rehabilitation benefits, these benefits are extra and can't take the place of any other workers' compensation benefits they are entitled to receive.
The injured employee’s rehabilitation benefit is an additional benefit and shall not be converted to or replace any workmen’s compensation benefit available to him.
injured employee rehabilitation benefit additional benefit
Section § 6208
This law states that starting or joining a rehabilitation program is entirely voluntary for anyone involved, including the employer, the insurance company, or the employee who got hurt. Nobody is forced to participate.
The initiation and acceptance of a rehabilitation program shall be voluntary and not compulsory upon the employer, the insurance carrier, or the injured employee.
rehabilitation program voluntary participation employer consent
