The purpose of job retraining in California is to help a worker who cannot return to his or her usual and customary job due to the work-related injury find another suitable profession. The law recognizes that at times after an injury, the worker cannot do the same job as before due to the devastating effects of the injury. This is especially true for some heavy-type jobs such as in construction. For example, a construction who lost his or her ability permanently post-injury to do the heavy-type job will have difficulty finding even a lighter job. For this reason, job retraining is designed to help the said worker transition from the heavy-type job to a lighter profession. In the past the worker had the right to have “vocational rehabilitation” but the California Legislature has since eliminated it and replaced it with something called the “supplemental job displacement voucher.” The displaced construction worker will likely be entitled to the right of job retraining at the expense of the employer/carrier. The California Legislature has given the right to injured worker to something called the “supplemental job displacement voucher.”
A “supplemental job displacement voucher” (or SJD voucher) is like a ticket to the movies without which one will not be admitted into the theater. With a SJD voucher in hand, the displaced injured worker can receive job retraining at the carrier’s expense up to $6,000.00 in value.
For injuries between January 1, 2004 and December 31, 2012, you (the injured
worker) must demonstrate all of the following:
*you have permanent disability as certified by a licensed medical professional;
*you have not returned to work within 60 days after you have ended your
temporary and total disability status; and
*the employer has not offered you the same or modified work lasting 12 months
in duration.
Note: if you fall into this period, the amount of the SJD voucher will depend on the level of permanent disability and please call us to find out how much will be the SJD voucher amount. Free consultation!
For injuries on or after January 1, 2013, you (the injured worker) must
demonstrate all of the following:
*you have permanent disability as certified by a licensed medical professional;
*the claims administrator (or employer) has not made an offer to return to work
within 60 days after receiving a return-to-work report from the treating doctor;
and
*the employer has not offered you the same or modified work.
Note: if your injury is after January 1, 2013, then the voucher amount is $6,000.00 in value which will include the right to purchase equipment such as a computer etc. up to $1,000 and $500.00 for expenses. At most only 10% of the said voucher may be charged by a placement agency or vocational counselor.
Please note that for injuries occurring on or after January 1, 2013, the Legislature allows the displaced worker to receive an additional $5,000.00 in cash separate and apart from the $6,000.00 SJD voucher called the “return-to-work fund” program. The purpose of this money is to help the injured worker during the downtime when he or she is in school and out of the labor force. The government recognizes that when the displaced worker is in school, he or she needs money to eat, buy gas, pay rent, etc. and this is why $5,000.00 cash is made available to help him or her transition from the injury to a lighter job. To be eligible for this money, the displaced worker must have the SJD voucher and be registered for school.
Note: Please note that the Legislature has created $120,000,000.00 on a first-come-first serve basis to the displaced worker until the money runs out. The Legislature may or may not replenish the funds when they run out. So, if you feel that you are entitled to the SJD voucher thereby qualifying yourself to this $5,000.00 cash, don’t wait until the money runs out because there may be none left.