Guide to Vocational Rehabilitation in Oklahoma

When workers in Oklahoma are injured but are fortunate enough to survive their injuries, the ultimate result of the situation usually plays out in one of the following manners:

1. The worker is temporarily disabled, either partially or totally, but is eventually able to return to work.
2. The worker is permanently disabled, either partially or totally, meaning that he or she will not be able to resume his or her duties that were performed prior to the incident that led to the injury.

When the second situation arises, the issue becomes a matter of degree. If the worker is completely incapable of performing any sort of work in the future as determined by a doctor, he or she will be able to apply for both permanent total disability (PTD) workers’ compensation benefits and/or ongoing benefit on the federal level from the Social Security Administration.

However, if the person would be able to perform different duties than those that led to the original injury, but would need training to become qualified to perform those duties, then he or she would need to consider working towards obtaining vocational rehabilitation, which is an option for some cases in Oklahoma.

However, there are statutes that need to be followed and procedures in place that need to be adhered to in order to obtain this training. Below is an overview of this issue in Oklahoma.

Getting Started on Vocational Rehabilitation in Oklahoma

The first step towards obtaining vocational rehabilitation in Oklahoma is to complete the medical process necessary to determine that you either are or will be able to work in the future, but that you will no longer be able to perform the duties for which you were paid prior to and when you incurred your injury.
When this is complete, you should be able to apply for vocational rehabilitation with the agency charged with such duties in Oklahoma, which is the Division of Vocational Rehabilitation (DVR). When you do so, you’ll need to bring the documentation relating to your workers’ compensation case, including any documents issued by the Workers’ Compensation Court and/or the doctor who made this diagnosis.

The DVR is within its discretion to request an additional examination, and this may include a review of your existing diagnosis as well as an examination of any other factors that could determine your ultimate eligibility for the training. If the DVR requires additional tests, the agency will cover the costs.
The DVR has 60 days from the time your application is complete to determine if you are eligible for vocational rehabilitation. However, it is possible for you and your case worker at the DVR to agree upon an extension if it’s beneficial to you.

After you are Deemed Eligible for Oklahoma Vocational Rehabilitation

Assuming you are found to be eligible for vocational rehabilitation, the first step is plotting out a plan for your ultimate employment, known as the IPE, or individualized plan for employment. The DVR will help you plan your training based on what’s set out in the IPE. During this training period, you will obtain the knowledge and skill you need to become qualified for a particular line of work, and you’ll also receive counseling to help you overcome any other problematic deficiencies that could lead to difficulty in securing employment.

After your training is complete, you will begin work with a job placement specialist at the DVR to help you find employment as soon as possible. The placement specialist will be able to guide you through the application process and work with you to assist your presentation during any interviews or other steps required to be hired by a particular pursuit.

After you have been hired and have maintained a job for at least 90 days, your file at the DVR will be closed and you’ll be considered to be fully rehabilitated at that time. However, you could be eligible for post-placement training to help you advance your career or to help you find a different job if your situation warrants it.

Why a Lawyer Would Help with this Process

This may all seem to be a very simple and straightforward process, but in fact it can be filled with pitfalls and difficulties. The most obvious need for a workers’ compensation attorney in this situation is if you are denied eligibility for vocational rehabilitation based on any of the following criteria:

• The doctor deems you unfit to work in any capacity
• The DVR denies your application for lack of skill
• The DVR denies your application for benefits because of something in your background

These are just three examples of the many that could arise. If any of these situations arise, you will need to appeal the decision in an administrative proceeding in order to fight for a reversal of this initial denial. Your future employment prospects could depend on it, so if you find yourself in this situation, contact the workers’ compensation attorneys at Atkins & Markoff today to schedule an initial consultation.