Social Security Disability Law: The Loneliness of the Disabled Worker

Employers and insurers frequently challenge the injured worker's right to either wage or medical workers' compensation benefits, and 1000's of dollars are spent everyday, in the hiring of medical doctors, professional specialists and attorneys, all to confirm that the employee is either not injured as he claims; his medical treatment is unreasonable; he can work in light of his injuries; or that his ongoing complaints associate to some other medical condition, and are consequently not "work-related," the legal key that unlocks the system of benefits.

The goal of returning the injured worker to productive employment is given lip-service only; our method is at best incompentent and at worst counterproductive in lacking to speak to the 1000's of people whose incidents stop them from returning to the kind of work they normally perform, and providing not enough guidance, funding or other aid in re-education or retraining in a suitable skill to authorize return to work in a new occupation. The same, incidentally, is true for workers whose jobs have been outsourced. For example, an injured worker who can no longer lift or carry heavy objects, working for an employer who has no "light duty" work available, is directed to find and accept other employment.

These additional positions are normally low wage, entry level positions in which the injured individual has neither experience nor interest. But the only legal issue that matters is the workers' physical ability to do the new job - not his long term future, availability of insurance or other benefits, or even the hours or location of work. The midnight desk clerk position at the local motel, or cashier position at a gas station, are perennial favorites found by insurer hired vocational "experts" seeking to aid the injured worker back into the workforce, and a lot of time and money is spent to prove these jobs suitable. There is value in that work, but it is far from suitable, in any sense other than physical ability, for many injured workers.

How much smarter would it be to redirect the money spent on proving the availability of low wage jobs, in order to justify cutting workers' comp benefits, to paying for re-education in a new field by obtaining an associate's degree at the local community college? Answer: incredibly smarter. Why doesn't it happen? Because the law imposes no obligation on insurers or employers to either evaluate, retrain or re-educate injured employees. An insurer will easily spend $10,000 to prove the suitability of a low wage job: it needs a medical expert to show physical capability, a vocational expert to show job availability, and a lawyer to present evidence of both. What would that same $10,000 buy? Probably an associate's degree.

Admittedly not all injured workers would qualify for or be interested in going back to school, but my bet is that many would if given the chance, or if they were at least advised of the availability of additional education, some guidance about how to decide what to learn, how to enroll, and continuation of benefits for 2-3 years. This outcome can happen now, but only by a combination of luck, good advice and self-direction. How many people would know about the Office of Vocational Rehabilitation, a state agency charged with, among other things, helping injured workers, unless they are told about it?

How many people are aware about the Office of Vocational Rehabilitation, a state organization charged with, among other things, helping. The legislative fix could be as simple as requiring insurers to vocationally evaluate injured workers (similar to what they do now, but earlier in the game, and for the right purpose, i.e. increased job opportunities); notify workers' of the educational and retraining opportunities that exist, and, in cooperation with local community colleges, monitor enrollment and timely completion of classes, and pay for tuition and related expenses while continuing wage loss benefits for the time required for completion and job acquisition following graduation. Employees' who with no good reason don't follow through with an accepted re-training program might have their benefits suspended.


------

Dan's Law is a Harrisburg workers compensation law firm (Harrisburg, York, Lancaster areas) having handled hundreds of workers' compensation from the initial filing of the case or appeal through all levels of hearings and appeals, resulting in the award of millions of dollars of benefits to my clients. They are admitted to practice before all Pennsylvania Courts, U.S. District Court Middle District of Pa