Understanding Your Rights After a Work Injury
California’s Department of Industrial Relations offers advice for employees left with a permanent partial disability after an on-the-job injury. Ideally, employers would provide an alternative or modified role in the organization, a position that pays at least 85 percent of the wages you were earning before the incident. Sometimes, such a role is impossible to design, so what are your options when that happens?
What Are Supplemental Job Displacement Benefits (SJDB)?
One alternative, according to the DIR, may be taking advantage of supplemental job displacement benefits. These benefits may include vocational counseling, training at one of California’s eligible providers, and fees for new licensing and testing. If a laptop is on your list of items needed before returning to school, some voucher funds could go toward purchasing one. They may also cover other unexpected expenses that come up while you are learning a new occupation.
Working with a Vocational Return to Work Counselor (VRTWC)
When considering career options, given your post-injury limitations, the DIR recommends speaking with a vocational return-to-work counselor. VRTWCs have been trained to consider a worker’s job skills and current limitations when offering advice about future employment. Besides benefitting from the counselor’s knowledge, you may feel better simply knowing you have someone in your corner as you navigate the difficult challenges of reinventing yourself for a new career path.
The Employer’s Obligation: Modified Duties Timeline
Before you jump fully into a different line of work, however, be sure you have given your current employer enough time to come up with modified responsibilities for you. The DIR says a company’s offer of an alternative position must come within 60 days of when the doctor declares you eligible to return to work.
Note that if your employer offers a modified assignment and you decline it, you no longer qualify for supplemental job displacement benefits. It is when your employer does not offer any alternatives that you may consider inquiring about an SJDB voucher.
This information aims to provide insight about options for injured workers and does not intend to provide legal advice.
Expanded Information for Injured Workers in California
Who Qualifies for SJDB in California?
To qualify for the Supplemental Job Displacement Benefit:
- You must have a permanent partial disability.
- Your employer must not offer suitable modified or alternative work within 60 days.
- You must have a valid workers’ compensation case filed and evaluated.
What Does the $6,000 Voucher Cover?
The voucher can be used for:
- Tuition and fees at eligible training providers
- Books, materials, and equipment
- Tools or uniforms required by the training program
- Testing fees for licensing or certification
- A laptop or internet if required for study
- Up to $500 for vocational return-to-work counseling
Maximum voucher value: $6,000
Form needed: DWC-AD 10133.32
Approved Training Providers in California
You can use the voucher at:
- California Community Colleges
- Cal State University Extension Programs
- Private vocational institutions approved by the DIR
Find the full list of approved providers on the California DWC’s website
Deadlines You Should Know
- You must use the voucher within 2 years of issuance.
- You cannot receive SJDB if you accept a suitable job offered by your employer.
- If your employer goes out of business, you may still qualify.
Frequently Asked Questions (FAQs)
What is permanent partial disability in California?
Permanent partial disability (PPD) is a classification for injured workers who have lasting medical impairments that partially limit their ability to perform work, but still allow them to do some type of job.
How do I apply for the SJDB voucher?
- Your doctor declares you permanent and stationary.
- Your employer has 60 days to offer modified or alternative work.
- If they do not, you will receive a voucher application (DWC-AD 10133.32) from your claims administrator.
Can I use the voucher for online training?
Yes, online training is allowed, as long as it’s provided by an approved institution listed by the DIR.
What if I disagree with the denial of my SJDB voucher?
You may dispute the decision by requesting a workers’ compensation hearing. An attorney can assist you with this process.
Can I use the voucher while receiving unemployment or disability payments?
Yes, depending on your situation and restrictions. However, it’s best to consult with a legal professional or counselor to ensure compliance with overlapping benefits.
Need Help With a Workers’ Comp Voucher or Disability Claim?
Navigating California’s workers’ compensation and return-to-work system can be complex. If your employer isn’t offering modified work, or you’re unsure how to apply for a voucher or get proper training, we’re here for you.
Contact Hussain & Gutierrez, Injury Attorneys, today for a free consultation.
We help injured workers understand their rights, claim their benefits, and rebuild their careers with confidence.
Don’t face the system alone. Let us advocate for your recovery and your future.
