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The Complexities Of Labor Market Attachment

April 4, 2011 By Paul Giannetti

In the past, we have written several articles on the concept known as “attachment to the labor market.”  This comes up quite frequently in Workers’ Compensation claims where a partial disabled individual has been out of work for an extended period of time.

The insurance carrier frequently raises this issue in an effort to suspend ongoing lost wage payments.  Our earlier articles document exactly what should be done in order to put the injured worker in the best position to defeat this defense. Our Workers’ Compensation download also has a topic specifically addressing attachment to the labor market.

The easier way to become attached to the labor market is to actually find light work within your restrictions.  While it is imperative that the insurance company be informed when you begin working, doing light duty work automatically defeats the attachment to the labor market defense.

Once your return to work, you can still collect Workers’ Compensation benefits if you are earning less money because of your physical restrictions from your injury.  In certain circumstances, if you are only able to find part-time, low paying work, it is possible that you may be entitled to a higher weekly compensation rate even though you are working.

The issues of attachment to the labor market and reduced earnings are complicated ones.  If you have questions regarding the specific facts of your case, please feel free to contact our office.

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