Failing To Perform An Adequate Search For Employment Within Your Doctor’s Restrictions Will Result In Suspension.
The Workers’ Compensation Board has recently clarified what a partially disabled claimant needs to do to remain “attached to the labor market.” If a claimant is not attached to the labor market then his or her benefits will be suspended.
The first step is for the injured worker to contact VESID at (518) 402-1140 to set up an appointment for an initial consultation. It is important that the worker follow up with VESID and continue to cooperate fully with them in an effort to be retrained.
Next, the injured worker should contact their local One-Stop office. Each county has a One-Stop office, located at the Department of Labor, which is staffed with counselors who will offer an orientation session, develop a resume, and register the resume into the One-Stop system. The injured worker should then follow up biweekly to see if there are any job matches and follow up on all job referrals and job matches.
Finally, the injured worker should perform an independent job search. We would recommend submitting 40 to 50 job applications and inquires. If these steps are taken it is highly unlikely that an Administrative Law Judge would find that there is no “attachment to the labor market.”
This is hard work but many claimants have no idea that the law requires such extensive efforts and are trapped when the insurance carrier attorneys raise these legal issues and ask for a hearing.
This legal obligation will continue as long as you are claiming partial disability benefits. The law does not require or force you to find work; it requires you to perform a genuine and thorough SEARCH for work.
Albany injury attorney, Paul Giannetti has represented hundreds of injury victims in personal injury, workers compensation and social security disability matters throughout upstate New York. His firm handles all types of accident and injury cases and represents only injury victims.