弗吉尼亚的职业康复

Under Virginia law an employer who has three or more regular employees in the same business is required to furnish workers’ compensation coverage at no cost to their employees. 这包括职业康复福利. When an employee is injured on the job and is unable to resume usual job duties but still is able to work, an employer is required to furnish reasonable and necessary vocational rehabilitation services to an injured employee. 

职业康复皇冠线上买球平台可能包括职业评估, 咨询, 工作指导, 工作的发展, 就业安置, 在职培训, 教育, 和再培训.

其既定目标是让受伤的工人重返工作岗位.  A Functional Capacity Examination is a tool where a medical professional does an evaluation of an injured worker to determine the injured worker’s capacity to work, although there may be sufficient restrictions that would prevent the injured worker from returning to his or her prior employment.  Utilizing a Functional Capacity Evaluation allows a Vocational Rehabilitation counselor to assist the employee in finding employment within that employee’s residual work capacity. 

关键是要承担责任.  从长远来看, returning an employee to the work force can  save the employer considerable expense and help an injured employee  be productive. The following are some of the guidelines  provided by Virginia’s Workers’ Compensation Commission that  clearly constitute permissible vocational tools.

1. 职业康复皇冠线上买球平台, 包括职业评估, 咨询, 工作指导, 工作的发展, 就业安置, 在职培训, 教育, 和再培训, shall take into account the employee’s pre-injury job and wage classification; age, aptitude and level of 教育; the likelihood of success in the new vocation; and the relative costs and benefits of such services. 如果工作安排不成功，应该考虑再培训, 或者员工的可转移技能不容易被市场接受.
   
   
2. 供应商不应该要求员工参与工作发展, 工作安排或在职培训，直到他/她因健康原因获准工作为止. 然而, the provider may require the employee to meet in order to assess the employee’s potential for work, 并准备重组和安排其他适当的行动, 比如参加工作准备培训, 预期就业.
   
   
3. The two goals of vocational rehabilitation are to restore the employee to gainful employment, 并减轻雇主未来赔偿的负担. Rehabilitation providers should attempt to find employment within the employee’s medical restrictions consistent with the employee’s pre-injury position and salary level, 提供者应该考虑到距离等因素, 运输成本, 以及潜在工作的实际预期收入, 在考虑这种替代就业时.
   
   
4. It is the rehabilitation provider’s responsibility to assess employment opportunities by direct contact with potential employers when possible or through research in the labor market as to how the job is commonly performed in the local economy. The assessment should determine whether a suitable position is presently available that is within the employee’s restrictions and for which the employee is qualified. The provider shall not send the employee to apply or interview for positions not suitable for the employee with or without reasonable accommodation, but the provider may ask the employee to develop résumés and to attend job preparation training as well as job fairs. The provider may ask the employee to attend interviews for present employment opportunities where the treating physician anticipates that the employee will be released to such work within a reasonably brief period.
   
   
5. 电话营销和佣金销售职位是唯一合适的工作安排, 当员工在该工作领域表现出天赋或能力时. Interviews with sheltered workshops and selective employers who are subsidized by employers/carriers are inappropriate, 如果他们不提供合法康复的可能性, such as Vocational Rehabilitation Guidelines learning work skills or restoring the employee to a productive place in the labor market.
   
   
6. It is the responsibility of the provider to assist the employee in all aspects of the vocational rehabilitation process such as appropriate presentation, 面试技巧, 与雇主讨论限制, 以及其他就业因素.
   
   
7. Rehabilitation providers may not advise the employee to withhold information about his/her injury or job capabilities during job interviews or on applications. 然而 the employee may not discuss them in such a way as to sabotage the interview or application process. Any discussion should be limited to the question of whether the employee can perform the job(s) at issue with or without reasonable accommodation.
   
   
8. Employees are not required to give rehabilitation providers personal or financial information, 比如孩子的数量, 配偶的就业, 或者信用记录, 除非这些信息与真正的职业资格有关. 雇员必须披露他/她是否在法律上有受雇资格, 包括他们的社会安全号码, 有有效的驾驶执照吗, 或曾被判重罪或轻罪, 并提供他/她以前的工作经历.

员工和供应商之间的会议

1. 会议应在合理的时间和地点为员工和供应商举行. Employees are not required to invite rehabilitation providers onto their property or into their homes. 也, just as the employee must cooperate with reasonable demands of the rehabilitation provider that are likely to return him/her to gainful employment, 供应商必须为员工的个人生活提供合理的便利, 比如医疗条件和运输问题.
   
   
2. 日常电话联络应在上午9点之间进行.m. 晚上6点.m. 早上7点前不要打电话.m. 或者晚上10点以后.m. 除非有紧急情况.
   
   
3. 提供者应提前通知雇员, 通过书面或电话, 康复皇冠线上买球平台提供者和员工之间的会议记录, 以及就业面试. 任何会议或面试建议至少提前两个日历日通知, 除非特殊情况.
   
   
4. Prior to being released to selective employment, the employee does not have to seek employment. 然而，员工必须与供应商会面以进行职业评估.

医疗援助

1. As the vocational rehabilitation provider’s role is limited to providing vocational rehabilitation, 禁止提供者以任何方式对雇员的治疗进行医疗管理, 即使是医生要求的.
   
   
2. 监测治疗不是医疗管理. Determining return to work status is part of the rehabilitation process intended to enhance communication between all parties involved in the rehabilitation process. 在医生的同意下, 提供者可以在雇员不在场的情况下与医生会面. The employee is not required to sign a consent granting the provider access to the physicians. 如果医生不希望与提供者沟通, 必须通过法律规定或允许的其他方式获取信息.
   
   
3. The employee has the right to a private examination by and consultation with the medical provider without the presence of any certified rehabilitation provider and/or nurse or case manager.
   
   
4. 以确定员工的工作能力, 供应商可能会要求员工提交功能评估, if approved and authorized by the employee’s treating physician or an independent medical examiner.

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