How Vocational Evaluation Helps to Navigate Personal Injury Challenges
A person who suffers a severe injury can be affected in many ways. One of the biggest questions is whether someone can work again. Assessing productivity and future work potential has implications in several areas. It can determine eligibility for workers’ compensation. It’s also a significant factor in personal injury cases. A vocational evaluation is the best way to assess the extent of an injury.
What is a Vocational Evaluation?
There are several types of vocational evaluations. People of all ages take vocational tests to assess their aptitude in various fields. These tests can be taken online or in person. A workplace may give applicants tests to determine their eligibility for a specific job.
Both Sides of a Personal Injury Case May Hire Vocational Experts
A personal injury attorney or opposing counsel may hire a vocational evaluator. For example, an insurance company may employ its expert. Thus, vocational experts may come to different conclusions as they try to prove their case.
Vocational Evaluations Given After an Injury
After an injury, a vocational evaluator may assess someone’s employability and earning potential. A vocational evaluation can answer questions about injury victims, such as:
- Can they work again?
- Can they work at the same job or field as before the injury?
- For minors and people in training or college, how does the injury affect their future potential?
- What’s the dollar amount (usually a range) of the injury’s impact?
What is Involved in a Vocational Evaluation?
A vocational evaluation after an injury has several components.
Interview With the Subject
The vocational evaluator asks a series of questions about the person. This typically includes their educational background, medical history, and job history. They may also ask how the injury has affected them.
Vocational Tests
Vocational tests provide objective evidence of the subject’s skills and abilities. There are a few widely given tests, such as CareerScope aptitude tests and interest inventories. The Slosson Intelligence Test may be given to measure cognitive ability.
Interviews With Medical Practitioners
The vocational evaluator needs to understand the injured person’s medical condition thoroughly. Interviewing the subject provides insights; however, these are mainly subjective. For example, if they say, “I have back pain,” this claim can’t be proven. Interviews with the patient’s physician and other medical professionals provide verifiable evidence.
Physicians can provide a diagnosis regarding the subject. They can give a professional opinion regarding the person’s ability to work and earn. They can also help the evaluator estimate the cost and length of rehabilitation.
Transferable Skills Assessment
If an injured person can no longer return to a job due to physical or mental incapacity, they might be able to get another job with different requirements. A vocational evaluator may perform a transferable skills analysis to determine the type of employment possible for the injured party.
Labor Market Survey
Earning ability depends on the economy and labor conditions in particular areas. The evaluator looks at the local job market, salaries, and realistic job prospects for the subject. If the person can’t work in their chosen field, the evaluator researches feasible jobs. In addition to studying statistics, they may call employers and job centers in the area.
If the person cannot work at all, a labor survey lets the evaluator estimate the amount of lost income. Injured people are often compelled to change jobs. The evaluator can calculate the difference if they must take a lower-paying job. An economist may be consulted to perform these calculations in a personal injury case.
For example, suppose John was earning $100,000 annually before being injured. After an injury, he’s forced to change occupations and can only earn $50,000. If he’s estimated to work for another 20 years, his lost income would be approximately $1,000,000. Other factors, such as lost benefits, would also be included in the calculations.
Vocational Evaluation Report
The vocational evaluator puts all their findings together in a report. The report may be submitted in court or to a government agency, depending on the situation. The report includes information such as the following.
- A summary of the injured person’s future earning ability.
- Alternative job recommendations for people who can no longer return to their old jobs.
- Recommendations for rehabilitation. This can include assistive technology, vocational training, and physical rehabilitation regimens.
Guidelines For Vocational Evaluations
A vocational evaluation can significantly impact essential outcomes such as personal injury cases and worker’s compensation appeals. The following are some guidelines for injury victims and personal injury attorneys.
Document Everything
Keep all information related to the case in a place that’s easy to access. Results of medical tests, x-rays, and any relevant data should be kept in both physical and digital formats. This information is crucial for proving your case.
Be Honest
Injured parties may be tempted to exaggerate or distort the truth to secure a more profitable outcome. This approach can be a costly mistake. If it is proven that you were dishonest, your entire claim can be invalidated. In some cases, such as a worker’s compensation audit, lying may be considered felony fraud.
Only Answer What is Asked
Don’t provide information that is not asked. While honesty is mandatory, the other side is that you shouldn’t offer more details than the evaluator requests. You are revealing more than you must, potentially harming your case.
For example, “Did your injury prevent you from traveling to work?” You can answer, “Yes,” if that is the truth. You might be tempted to add, “But I could perform some work at home.” Even if this is true, there’s no need to mention it if it wasn’t explicitly asked.
Vocational Evaluations Help Injury Victims Secure a Better Future
An injury can seriously impact the victim’s productivity and future earning ability. A vocational evaluation is an excellent way to document the extent and consequences of an injury. It’s an essential process to help people get the compensation they deserve.
