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The Retraining and Return to Work (RRTW) Unit assists employers who are trying to bring injured employees back to work and resolves disputes over supplemental job displacement benefits (SJDB).

According to the RAND Corporation, both employers and injured workers benefit when employees return to work quickly following a workplace injury: Injured workers recover from their injuries faster and suffer less wage loss and employers maintain the value of the investment they've made in their employees by bringing them back to the job as soon as medically possible.

That's why workers' comp reforms emphasize sound medical treatment and early return to work. It's also why the state developed an incentive program that helps small employers by providing up to $2,500 in reimbursements for dollars spent on workplace modifications that bring an injured employee back to the job.

Click on the image below for more information about this reimbursement program for small employers:

Return to work regulations also provide an incentive for employers with 50 or more employees to bring injured workers back to the job: Employers with 50 or more workers who offer injured employees regular, modified or alternative work will pay 15 percent lower weekly permanent disability benefits once the offer is made. Conversely, employers with 50 or more workers who don't make a return to work offer will pay 15 percent more in weekly permanent disability benefits.

The Return to Work and Supplemental Job Displacement Benefit regulations are promulgated by the DWC administrative director pursuant to Labor Code sections 4658.1; 4658.5 and 4658.6 and can be found in sections 10116 – 10116.9 (Retraining and Return to Work—Definitions and General Provisions) Article 6; 10117 – 10120 (Return to Work) Article 6.5; and 10133.51 – 10133.60 (Supplemental Job Displacement Benefit) Article 7.5, Title 8, California Code of Regulations. The regulations are used to assist injured employees and their employers in understanding their rights related to return to work and the SJDB voucher.

While the focus of the system is on effective medical treatment and early return to work, sometimes an employee suffers residual effects from their injury and cannot return to work. Those employees may be entitled to supplemental job displacement benefits (SJDB).

Employees injured on or after Jan. 1, 2004, who are permanently unable to do their usual job, and whose employer does not offer other work, may qualify for this benefit. It is in the form of a voucher that helps pay for educational retraining or skill enhancement, or both, at state-approved or state-accredited schools.

The law (Labor Code section 4658.5) says that employees who do not return to work for their employer within 60 days of the end of temporary disability payments will receive a voucher. The amount of the voucher is based on the percentage of the injured worker's disability:

Permanent partial disability of less than 15 percent	= $4,000 voucher
Permanent partial disability between 15 and 25 percent	= $6,000 voucher
Permanent partial disability between 26 and 49 percent	= $8,000 voucher
Permanent partial disability between 50 and 99 percent	= $10,000 voucher

The voucher must be used at state approved or accredited schools for education or skill enhancement, or both. Employees may use up to 10 percent of the voucher funds for counseling.

Vocational return to work counselors (VRTWC) list

The law (Labor Code section 4658.6) also says that an employer will not be liable for providing the supplemental job displacement benefit to an employee if, within 30 days of the end of temporary disability payments, an offer of modified or alternative work is made, and the employee rejects or fails to accept the offer in the form and manner prescribed by the Division of Workers' Compensation administrative director.

Questions regarding return to work or the SJDB voucher? Email the RRTW Unit at DWCReturntoWork@dir.ca.gov

Retraining and Return to Work Unit forms

April 1, 2009	Division of Workers’ Compensation launches “Bring ‘em Back” campaign version
Oct. 27, 2008	Division of Workers’ Compensation reminds community about sunset of the vocational rehabilitation program version

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January 2010