What Is a Vocational Expert in a Workers’ Compensation Case?

When pursuing a Vermont workers’ compensation case, you may encounter someone called a “vocational expert.” You may wonder who a vocational expert is and what their role is in your case. This article discusses what you need to know about vocational experts and their role in your workers’ compensation case.

Who Is a Vocational Expert?

This is a professional who specializes in evaluating earning capacity and earning potential. In other words, they assess an injured employee’s ability to return to work. A vocational expert conducts an assessment by evaluating factors such as;

• Work history
• Functional limitations
• The labor market
• Educational background
• Job skills and training

In Vermont, vocational experts help determine if an injured employee can return to their previous job, do a different job, or whether retraining or further education is needed to get the employee back to work.

Why Are Vocational Experts Involved in Vermont Workers’ Compensation Cases?

Under Title 21, V.S.A., Section 641, employees who sustain work-related injuries and cannot perform their previous work may be entitled to vocational rehabilitation services. These services are meant to restore an employee to suitable employment. Vocational rehabilitation services include retraining and job placement.

Some of the reasons a vocational expert might become involved in your Vermont workers’ compensation case include;

• The Department of Labor orders an assessment to help decide your eligibility for vocational rehabilitation
• Your doctor says you have permanent restrictions that affect your ability to work
• You or the workers’ compensation insurance company requests a vocational assessment

How Do Vocational Experts Assess Earning Capacity?

If a vocational expert is involved in your Vermont workers’ compensation case, they will use various methods to assess your earning capacity, including the following;

• Reviewing your medical records
• Conducting interviews and surveys to collect detailed information on your work history, limitations, and skills
• Examining trends in the labor market and assessing employment data
• Conducting a transferable skills analysis to determine if you have skills suited for other jobs

Additionally, they may give vocational rehabilitation recommendations or career counselling to guide individuals back to suitable employment.

How Can a Vocational Expert Affect Your Workers’ Compensation Case?

After the vocational expert concludes their assessment, they prepare a written report, which becomes vital evidence in your workers’ compensation case. This report can significantly affect the outcome of your workers’ compensation case. Here’s how;

• If the expert concludes that you can secure suitable work, the workers’ compensation insurer might try to stop or reduce your wage loss benefits.
• If the expert concludes that you cannot do any suitable work, you may continue collecting wage loss benefits or qualify for disability benefits.

Additionally, if the expert recommends vocational rehabilitation services, such as retraining, it can assist you in transitioning to a new job and becoming financially stable once again.

Because of the impact that a vocational expert can have on your workers’ compensation case, it is crucial that you take the vocational assessment process seriously. Ensure you attend appointments and provide accurate information.

What if You Disagree With the Results of an Expert?

You may have options if you disagree with the vocational expert’s conclusions. You can;

• Talk to an attorney
• Seek a second opinion
• Challenge the conclusions before the Department of Labor

Legal Help Is Available

For help with your workers’ compensation case, contact our experienced Vermont workers’ comp lawyer at Sluka Law PLC at 802-457-1000 or online.

Source:

legislature.vermont.gov/statutes/section/21/009/00641