The Virginia Workers’ Compensation Commission has specific guidelines for Vocation Rehabilitation Counselors. The guidelines include a Vocational Rehabilitation Plan, Meetings between the employee and the VCR, the role of the employee’s attorney, medical concerns and transportation issues.
The Plan:
All aspects of vocational services and counseling must consider:
- The employee’s pre-injury job and wage classification;
- The employee’s age, aptitude and level of education;
- The likelihood of success in the new vocation;
- The relative costs and benefits of such services.
If the employee’s efforts at getting restricted work are not successful or it is clear that the employee’s skills are not transferrable, then retraining should be considered.
Additional Requirements of the Job Counselor include:
- Medical Release required: The employee should not be asked to look for new work until he/she is medically released. While getting medical treatment, the employee can be required to meet with a job counselor to go over the employee’s job prospects, to prepare a job resume, or attend job preparation training.
- Comparable Jobs are a Priority: Job counselors should try to find work comparable in salary and tasks to what the employee was doing before the work-injury. Job counselors should consider job distance, transportation costs and actual likely earnings when considering a job placement.
- Prescreening Required: Vocational experts should prescreen all job placements by talking directly with a new employer before requiring that the employee talk with the employee.
- Aptitude Test: Telemarketing and sales positions are not considered appropriate new jobs unless the employee has shown some aptitude for this type of work
- Real Jobs: Interviews with selected employers who are subsidized by the employer or the insurance carrier are generally considered inappropriate, unless they are meant to give the employee a productive place in the job market.
- Unnecessary Tasks: The job counselor cannot ask the employee to contact a set number of employers per week, look in the newspapers for jobs, or request that all job applications be completed in an unreasonable time. It is Ok to ask the employee to confirm the interview or application
- Truthfulness in the Interview: Job counselors cannot ask the employee to withhold information about his/her ability to do the job. Likewise, employees cannot say they can’t do work when they can. Employees should say if they have a valid driver’s license, a felony record and employment history if asked.