A question that is often asked by an employee who is injured on the job is “what happens if I am unable to return to my former job because of my injuries?”

Under the state law, the inability to return to the former employment is addressed in several different ways.

If the injury prevents the employee from returning to any employment based upon his or her injury, training, experience and age, the employer may be required to pay the employee two-thirds of the employee’s average weekly wage for the employee’s lifetime. Obviously, such an injury is extremely costly to an employee and most likely will be contested.

If the injury does not prevent the employee from returning to all employment, but does prevent the employee from returning to his or her former job, the employer may be required to provide assistance for an employment search, or even for retraining if retraining is necessary to return an employee to gainful employment. The retraining can be short term vocational training, but under some circumstances may even include some college education. During the time the employee is undertaking a job search or retraining, the employer must continue to make weekly payments to the employee of two-thirds of his or her average weekly wage.

When the injury results in the employee returning to the labor force at a pay level significantly below his or her former level, the employer may be required to pay a wage differential. Under this type of award, the employer would be required to pay two-thirds of the wage difference.

When an injury is serious enough to restrict the employee’s return to his or her employment, litigation often results. Many of these matters require the testimony of vocational experts who will render opinions concerning the necessity for retraining, or the likelihood of the employee returning to employment. If a person has received such a major injury, it is important that the injured employee receives the full level of compensation that he or she is entitled to under the workers’ compensation laws. The prospect of being unable to return to work is a most frightening aspect of an injury. The law does provide help for employees facing such a situation, but the employee must vigorously pursue his or her right to receive what they are entitled to.