Do I have to Complete a Vocational Interview?
When you are receiving compensation benefits as a result of a work-related injury and it has been found that there is no light-duty work available with your employer, you may be subject to a vocational interview by the workers' comp insurance carrier. A vocational interview will be scheduled to determine whether or not you have the ability, both physically and vocationally, to return to the work force in some capacity.
A vocational interview will be scheduled at the request of the employer and will involve a meeting with an individual hired by the employer. The individual who conducts the interview will not be working as your advocate but is working on behalf of your employer to determine if you are employable.
The job of the vocational interviewer is to assess:
- Your current medical status
- Your current vocational status
- Your education background
Their job is to put together an informational chart to determine your employability within the physical restrictions provided by the employer's doctor. This evidence is then utilized to reduce or stop your workers' compensation benefits.
Contact an Experienced Attorney Before Any Interviews
We would suggest, under all circumstances, that an individual does not meet with a vocational interviewer without an experienced workers compensation attorney present. Things can be said and be interpreted in those interviews that could come back to cause harm to your workers' compensation benefits in the future. You should have your lawyer present during any discussion with any representative of the insurance company and, most importantly, with any rehabilitation counselor during a vocational interview. It is imperative that you have information as to what your rights are before attending these interviews so that your rights are protected.
Labor Market Survey
Following these vocational interviews, the insurance company or the employer will begin the process of looking for employment and the vocational counselor will ultimately be preparing what is called a Labor Market Survey. The Labor Market Survey will include jobs that they believe are within your vocational and medical restrictions. They will be looking for work within a twenty-five to thirty mile radius of your home. They will then determine based upon this interview and the job search, whether there are jobs within your restrictions and your abilities. They will then assess those jobs and determine an estimated wage that you would be able to earn at one or more of those jobs. This will begin the process of the employer attempting to reduce your compensation benefits by alleging that you are employable. Again, it is imperative that you consult an experienced workers compensation lawyer before the interview, or have an attorney present during the interview.
Our Attorneys Can Protect Your Rights and Your Compensation
If you have been ordered to complete a vocational interview anywhere in Pennsylvania, the experienced workers compensation benefit attorneys at Caroselli, Beachler, McTiernan & Conboy, L.L.C. can help. We urge you to contact one of our offices in Pittsburgh or Philadelphia by calling us at 412-567-1232 in Pittsburgh or Western Pennsylvania, 215-792-6153 in Philadelphia or Eastern Pennsylvania or toll free at 866-466-5789. You may also complete our online contact form for a free case evaluation and free legal advice pertaining to your rights under Pennsylvania Workers Compensation.
For your convenience, we are available to come to your home, hospital or union hall to talk with you and your family about your rights under Pennsylvania Workers' Compensation laws.
