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Protecting Your Interests During A Vocational Evaluation

To get your rightful workers’ compensation benefits, you face many hoops to jump through. Even when you have received an award for permanent disability, you may face an additional hoop to keep it.

This additional hoop is called a vocational evaluation. Under Pennsylvania law, your employer or your employer’s workers’ comp insurance company may try to use to use such an evaluation to get your benefits reduced.

At Marzzacco Niven & Associates, we know how important it is to protect your interests throughout the workers’ compensation process. Know that you can turn to us to handle your workers’ compensation case. Give us a call today to arrange a time to discuss your specific situation. In addition to our main office in Harrisburg, we have many satellite offices throughout Pennsylvania for your convenience.

What Is The Extent Of Your Disability?

In Pennsylvania, workers’ compensation benefits are based on how much you can earn compared to what you were earning before your work injury. After your injury, you may be unable to do your previous job or, in the case of total disability, any job. To receive workers’ comp, you provide medical evidence showing the extent of your disability.

Your employer or employer’s work comp insurer might try to show, however, that your medical condition has improved enough for you to perform some other job, even if it doesn’t pay as much as your previous job. If this attempt is successful, your workers’ comp benefits could be reduced.

Can your employer or employer’s insurance company do this? The process of determining whether you can perform some other work is fairly complicated. It starts with issues about your medical condition but can go on to questions about what earning capacity you still have and what jobs are available that meet your medical restrictions.

Our attorneys have the knowledge and experience with this process to protect your rights throughout this process and advocate for your benefits.

What Role Does Vocational Rehabilitation Play?

If your work injury involves a disabling condition, it may make sense to seek services from the Pennsylvania Office of Vocational Rehabilitation (OVR). The OVR helps disabled people to develop the skills needed to move forward with their lives. To be eligible, you must have a disability that makes you unable to work or live on your own without assistance.

The OVR’s services include vocational evaluation and counseling. But it is important to be aware that Pennsylvania law prohibits an employer or workers’ compensation insurer from using a vocational evaluation to determine your earning capacity if the OVR has approved your application for vocational rehabilitation.

Turn to Us: Take Action To Protect Your Benefits

We realize that you have many questions and concerns. To arrange a confidential consultation with an experienced workers’ compensation lawyer, call 717-260-3580. If you prefer, you may also complete our online form.