What is OEVR and how does vocation retraining work?

OEVR stands for the Office of Education and Vocational Rehabilitation, a division within the Massachusetts workers’ compensation system that helps injured workers return to suitable employment when they cannot go back to their prior job due to a work-related injury.

If your injury prevents you from returning to your previous line of work, OEVR may step in to evaluate whether vocational retraining is appropriate. This process is designed to help you transition into a new job that fits within your medical restrictions and physical capabilities.

The process typically begins with a vocational assessment. You will meet with a vocational counselor who evaluates your education, work history, transferable skills, and medical limitations. Based on that evaluation, OEVR determines your suitability for the program. Assuming you are found suitable, a vocational counselor is assigned by the workers compensation insurer and may recommend a training plan, which can include job placement assistance, short-term training programs, or, in some cases, more formal education.

It is important to understand that participation in OEVR is not automatic. In many cases, the insurance company will refer you for an evaluation, or OEVR may reach out directly. If you are found suitable, you may be offered a voluntary vocational rehabilitation program.

If you accept the program, you may be eligible for additional benefits while participating, including:

• Continued weekly workers’ compensation benefits;
• Payment for tuition, books, and training costs.

However, there are also important considerations. Once you are deemed suitable for vocational retraining, the insurer may argue that you have an earning capacity, even if you are not yet working. This can impact your entitlement to ongoing total disability benefits under Section 34 and may result in a reduction to Section 35 partial disability benefits.

Additionally, you generally have two years from the approval of a lump sum settlement to pursue vocational rehabilitation services.

OEVR is intended to help injured workers get back into the workforce, but it can also have a direct impact on your benefits and case strategy. Before being evaluated by OEVR, it is important to understand how it affects your rights and to ensure that any proposed program is realistic and appropriate for your condition.