This question has been asked in my office more times than I can count. My response is always the same and it goes something like this:
“If your doctor or the insurance carrier’s physician has indicated that you can do light work, the Law requires that you take certain steps in order to preserve your right to continue to get lost wage payments.”
It does not matter if you do not have the training or experience to do lighter type work. What matters is that you take the steps outlined below so that your benefits can continue. It can be a lot of work but it is crucial to insuring ongoing payments.
- In the Capital District area of New York State, you should contact Access at(518)402-1140 and set up an appointment for a consultation. Access will evaluate your ability to be retrained and begin that process for you.
- You should contact your local One-Stop office. One-Stop is located at your county’s Department of Labor facility. One-Stop should be able to offer an orientation program, help you develop a resume, and register you into their computer database. It is not enough to simply register with One-Stop. You should, at least once a week, go to the One-Stop location and do a detailed search as to whether or not there are any jobs available that meet with the physical limitations noted by your physician or the insurance carrier’s doctor.
- We strongly recommend submitting numerous job applications for light duty work. These applications can be made in person or online. You cannot have too many applications or job inquires. At a bare minimum, you should have at least 50, however, the more the better.
Every step that you take should be documented in a journal so that if and when you are asked to give testimony you will be fully prepared to describe all of your efforts in trying to be retrained and searching for employment.
Given the current job market, it will be extremely difficult to find work. However, the law requires and the Judges want to see that you are making every possible effort to work within your limitations. If you cannot find work that will not be used against you. It is demonstrating that you tried to look for work that is the major hurdle in partial disability cases.
If you have questions or are unsure as to whether or not you should be searching for employment, please feel free to contact our office.