The Workers’ Compensation Voucher is the most valuable, yet most ignored, benefit offered to an injured worker who cannot return to work.  Today, this provision has been improved, but it still does not do enough to help the injured worker.  Nevertheless, it exists to help those who cannot continue to work but continue to hurt.  

Prior to 2005, injured workers in California were entitled to a vocational rehabilitation program, probably one of their best benefits, which included a budget for their schooling and/or retraining, equipment and/or tools needed, payments while they went to school, childcare and transportation, and a competent counselor to coach them through the process.  Today, all of those benefits are gone.

Senate Bill 899 ignited the 2004 workers’ compensation reform and left workers to fend for themselves.  Any vocational rehabilitation was essentially eliminated for anyone injured on or after Jan. 1, 2005.  Workers injured before that date were phased out of vocational rehabilitation programs in 2009.

The aftermath of the Workers’ Comp Vocational Rehabilitation Program is the Supplemental Job Displacement Voucher Program.  Initially, this program gave injured workers a voucher to attend school, however, it was limited in range, from $4,000-$10,000, depending on the level of permanent disability, and it lacked resources and guidance.  The voucher in these early days also had numerous restrictions on how it could be used.  Attorneys were more comfortable settling than opting for the voucher.

On Jan. 1, 2014, the new Workers’ Compensation Supplemental Job Displacement Voucher in the workers’ compensation reform introduced by SB 863 created some changes, but did not go far enough.

The voucher, now offered at a flat rate of $6,000, must be awarded once permanent disability rating is established.  However, eligible employees may or may not know about the statute saying the voucher expires within two years if it is not taken and in five years if it is not used.  

Attorneys and other claim professionals, on the other hand, cannot make this benefit part of any lump-sum settlement, such as a C&R.  Subsequently, the benefit has become a “use it or lose it” benefit, and even worse, it does not consider the increased costs of attending local community colleges and four-year state schools.

Further, the new voucher does not allow attorneys to be paid for their time, and so attorneys tend to want to ignore this very important benefit, which can be a huge mistake.  The reluctance of applicant attorneys to monitor a retraining program leaves many workers struggling to find new work or staying in positions that caused the injuries in the first place.  It also leaves employers unable to fill positions in their companies because they cannot find people with the proper training and/or skill sets that they need and require.  The state loses out because employees are not making higher wages, and therefore, higher taxes cannot be assessed.

On the other side of the coin, what insurance companies are hoping for is that the injured worker will never use the voucher.  They hope it will expire and they never have to pay out a single penny.  Just like the applicant attorneys, the insurance companies are profit-making enterprises and want to keep the costs down as long as they’re not doing anything illegal.  This train of thought is very damaging to the state economy.

There is not much of an incentive for either side to help the injured worker, because most attorneys don’t want to work for free, and insurance companies are in the business of saving money.  As a result, the injured worker is left to figure out what to do next without any guidance, and their errors can be very costly. 

Employers are losing out each and every day because they cannot find workers who can perform the required tasks.  They are desperate to hire people, but because of the lack of education or training, companies are forced to turn many away.  Unfortunately, workers are not trained.

Then, there is the state.  The state is losing out because these people give up or turn to lower-paying jobs, which generates less tax revenue.  Schools try to promote the program, but without any resources, the injured worker is at a loss.

What employers, attorneys, insurance companies, and legislators do not realize is that this should be a WIN-WIN benefit for all.

 

How does the greatest benefit available to the injured worker work?  How do you create a provision that will help them mentally, physically, and emotionally transition in life and work?  

The answer is quite simple: KNOWLEDGE.  The key is to look at the single most important factor in a sound educational and/or vocational choice when helping injured workers get back to work.  Workers must examine programs and schools based on knowledge, and a trained consultant can help workers navigate programs more effectively and with ease.

Applicant firms that are interested in helping this select group of clients must be willing to go above and beyond what they have to do to prosecute the legal issues and create additional provisions.  They need to be willing to think outside the box and turn to specifically trained college consultants who have experience working with people who have learning differences and are also knowledgeable about counseling mainstream college-bound students.

While there may not be a lot of injured workers who would be suitable candidates for a Bachelor’s degree or higher, some people do want to get an education, while others need a few credits, and still others may already have degrees and are looking at more sophisticated plans.  However the vast majority of workers probably have a high school diploma or are looking to obtain a General Educational Development certificate.  Their goal is to attend some educational or vocational training for 21^st century jobs, so they can support their families.

For the injured worker, the benefits of having a GED and some vocational training or college exposure are manifold and range from financial to cultural.  This is notwithstanding the common benefits of an educational benefit which goes with a career or educational diplomas.  There are some unexpected surprises that will help to serve as justification for a higher education approach to the new California Voucher Program.

An injured worker who has not completed high school and wants to obtain a GED certificate is qualifying themselves to apply for significantly more jobs and educational programs, and perhaps opening many more doors, and the benefits and effect of obtaining this diploma will go far beyond just the worker. 

A GED certificate can and will help an injured worker become a better person and perhaps want to advance their education, allow them to train for a trade as an option, and then seek to secure employment, allowing the worker to become a contributor to society again.  Across the United States, more than 19 million people have passed the GED test, which has opened doors to better jobs, college classrooms, and further training.

Obtaining a GED certificate will also allow for a longer lifespan, better health care, nutrition and health practices, greater economic stability and security, improved employment and satisfaction, less dependency on government programs, more use of seatbelts, more continuing education, increased Internet access, more attendance at live performances, greater participation in leisure and artistic activities, more book purchases, higher voter rates, greater knowledge of the government, more community service and leadership, more volunteer work, greater self-confidence, and less criminal activity and incarceration, and it will build a foundation for the next generation.

The California Workers’ Compensation Voucher program will allow workers to regain their confidence in the working world and will allow for greater freedom, giving employers the trained employees they are seeking and providing better paying jobs, resulting in higher taxes being paid to run our state.

According to the 2010 Census Report, 25% of all households reported that they had a Bachelor’s degree.  Upon further study by institutions of higher education, only 18% of all people in the U.S. hold a Bachelor’s degree, and by 2025, 41% of all jobs will require one.  Helping injured workers take that first step is critical to the health of California, as well as the U.S.

 

How does a trained college consultant play into helping the injured worker?

College consultants (referred to as ICAs) are often privy to information the general public does not have access to.  Consultants have countless resources and can bridge a gap between the workers’ compensation voucher and the retraining process and other educational consultants.  For the worker today, educational institutions − not vocational counselors − are offering vocational assistance, time-saving advice, and guidance.

Additionally, today’s employers want people to hold a diploma of some kind.  Technical colleges (avoiding “for-profit” schools, such as the University of Phoenix, Westwood College, ITT Tech, etc.), will accept a GED certificate for entrance, as will four-year colleges and universities.  Workers can also learn what employers are looking for through job fairs, interviews, and other sources.

A college/vocational consultant with a workers’ compensation background will be able to work in sync with the injured worker to find both educational and vocational options that are appropriate for the injured worker’s individual abilities and personal goals.  

These consultants will also work with injured workers who are gifted and those who struggle academically, students who have their lives “mapped out,” and those who have no idea of what they want to do for work.  These types of consultants are able to encourage workers who are at risk because of poor choices, those who have already established themselves as scholars and leaders, as well as workers who come from privileged upbringings and those who may be the first in their family to obtain a GED or higher degree.

 

Why consider a college consultant instead of a vocational counselor?

College consultants are trained professionals who deal with “the study of colleges” and engage with all sorts of students, starting from wherever the worker is in the process and moving them forward.  These consultants deal with both educational and career goals, and while they can serve as vocational counselors, vocational counselors are not college consultants. 

In the past, these types of consultants were known to work solely with students who had learning differences.  Today, college consultants assist everybody, from high school or community college mainstream students to mature workers from all walks of life.  Consultants can assist students who are academically challenged or struggling to succeed, as well as gifted students who are looking at top-tier school choices.  Consultants are instrumental in helping individuals find their “fit,” with a focus on expanding these services for those in need.

The importance of “fit” is critical to an injured worker’s success in completing their GED, college or trade school certifications or degrees and beyond.  The goal as a counselor is to help injured workers select schools and/or programs that are educationally, socially, and emotionally appropriate to allow the individual to learn, grow, and succeed.

A trained consultant tours colleges, universities, and community colleges.  They have numerous resources, such as aptitude tests and test prep programs, and knowledge of vocational and educational schools.  They help target a worker’s goals and guide them through the application and financial aid process. 

Consultants know, communicate, and work with admissions officers.  Their numerous resources can help workers with both educational and career assessments and determine which GED preparation program will best serve the student. 

When consultants look at GED or vocational programs, they are looking for those with instruction in both English and Spanish across different venues and within the state.  While specific schools market their ability to accept the voucher, a trained professional should be available to make sure that workers are not exploited.

In today’s world, the injured worker can experience a host of distractions and temptations.  It is all too common for unscrupulous programs to encourage workers to select choices that are inappropriate and undermine their ability to succeed in the future.  

Just as common are workers who do the minimum to get by, never even testing − let alone achieving − their potential.  Some injured workers may stray from their values and perspectives just to survive, while others, often lacking direction, may act out in ways that endanger themselves and the people around them.  When an injured worker is depressed by their condition and feels stuck, a solution may be a radical change in their current vocational, educational, and social environment.  Proper counseling can help lead injured workers in a productive direction.

Some at-risk workers may require a school that offers a therapeutic community capable of providing specific academic, social, and behavioral guidance to those who have lost their jobs or career due to a workplace injury.  Such “special needs” programs are available in mainstream schools and will not only focus on meeting educational and emotional needs, but will also take a broader view that academics and social progress is possible only if the person’s other needs − emotional growth, character development, and personal reflection − are also met.

The many schools and programs available to serve injured workers can be overwhelming to sort through, especially for individuals or families in turmoil.  The question that needs to be asked is, “Can the academic environment provide both remedial and advanced coursework?”  A consultant can provide a valuable resource to help the injured worker sort through different options, regain their self-esteem, and get back into the mainstream of society.

 

What issues does a college consultant address?  How does a consultant work?

Although the consultation may vary according to the individual, the needs of the injured worker that will be addressed tend to be similar and include these basic elements:

• A discussion of the current situation and the history behind it.
• A review of educational background, transcripts, test scores, psychological data, and other materials related to educational planning.
• Identification of factors pertinent to selecting the right school or program for the worker.
• identification and discussion of educational options for those who have “special needs” and beyond.
• Discuss considerations such as costs, applications, test taking, and campus tours.
• Assistance in making a final choice among program options.
• Following attendance in a “special needs” or more conventional environment.
• Use of the voucher and beyond.

College consultants are exposed to many benefits that a student can obtain as a result of working with admissions officers and others.  These individuals can open doors for students on all levels which may be closed to the general public.

The U.S. Department of State is currently working with a local California consultant who has significant California knowledge about workers’ compensation, GED program requirements, and additional tools to help injured workers obtain the necessary tools to get them to the “next” plateau.  Having a trained consultant assist an injured worker is like giving that worker a pot of gold.  A college consultant who has a workers’ compensation background and works with the mature student can help an injured worker obtain information about how to earn a high school diploma. 

College consultants can help clients determine which GED program is right for them, which community college programs will assist them in reaching their goals, and will provide support in helping them complete program requirements. Injured workers need guidance, which they can receive from an all-inclusive firm.  Consultants will also address any issues, such as ADD, ADHD, and Asperger’s, which are processing disorders rather than mental illnesses.

When the injured worker is properly retrained and achieves success, everyone wins… the injured worker, employers, insurance companies, and the state of California! 

Rethink Rehab!!!

This article is published with the permission of the author, Patty Finer, a consultant at The College Admissions Consultant, Inc., the HECA Westside area rep and co-chair, member of NACAC, OACAC & HECA, and a SMMUSD VAPA DAC Advisory Board member. Her website is thecollegeadmissionsconsultant.com.