I've had 3 injuries, 3 different dates, 3 surgerys, and 1 more in the works, all with the same employer, I returned to work after 2 injuries for less than a year when I was injured again, I've been off work on TD for almost a year for this last injury. I'm considering a industrial disability retirement (state employee) however I have a question as to if I would still have to participate in Voc Rehab program if I do not intend to ever be employed due to multiple injuries? (I'm close to 50 yrs old)

Voc Rehab is not a mandatory part of any WC claim. You should realize though that your Permanent Disability Award, as well a your Disability Retirement, may be significantly impacted by refusing to participate in Voc. The theory being that if you had participated, you would be gainfully employed and not have to take disability retirement. "Almost 50" is still rather young in the world of WC. Had you been closer to traditional retirement age (like 65 when Soc Security kicks in) there would be less chance of this. Just deciding you don't wish to work those extra 15 years that most are expected to be employed is quite different.

If you are not already working with a lawyer on this, I highly suggest you do so before making any decisions that could adversely affect your future.

Thanks for your reply, and yes almost 50 is young, however it would be difficult for me to work at most jobs due to the injuries, I've had surgery on both arms, and they called today to schedual my 4th. I do have an attorney, when I mentioned to them the possibility of the industrial retirement they didnt seem to know much. I called the retirement agency and they said if you are unable to perform your duties in the job you hold or the same duties in a job with other state agencys then the retirement would be approved. (the job is not available with other agencys) They also said my retirement would have no effect on my workers comp case other than they use the medical reports to substanciate (wrong spelling) the disability. My question is what happens to my case then? Do injured workers have only 2 options, go back to work or Voc Rehab? Does anyone ever do neither? Also why does not participating in rehab effect the overall outcome of the settlement? sorry for all the questions.......

It is very hard tp say not having all the facts of your case and not knowing the particulars of your retirement system. I hand WC and disability retirements in another state and while the two are separate processes, what you do with one does greatly impact the other. You should be asking your attorney if there is a carve out in either the WC or retirement system. In some cases, an award in one, is counted against the award in the other. It is similar to the provisions under SSDI. In other words, in some cases, you can not collect on both. You want to be sure that you are fully aware of the financial consequences in either case.

Yes, some are deemed poor candidates for voc and do not go through it or complete it. You won't find it written anywhere but if you deny even trying, it doesn't bode as well for you when your case gets to settlement. You also want to makes sure that you are aware of any restrictions on future employment of any kind on your retirement if you go that route. It is the norm for state systems to have a fair amount of restrictions on future employment, particularly if it is disability related. While you may think you don't want to work now, you do hopefully have many years ahead of you and opportunities may present themselves that you haven't thought of such as being paid to watch a young family member, or consulting work or even selling crafts or who knows what else. It is very likely that any of these income generating activites could greatly impact your retirement payments. I've seen it happen. You want to be sure you are going into this with eyes open before you get stuck down the road.

If you attorney isn't knowledgeable, seek the advice of one who is. I'd be shocked if you state didn't also offer retirement counseling that might be beneficial for you and your attorney to attend as well.

Good advice, I will make some phone calls and find out the facts. I will post again later when I know something.