With regard to Workers’ Compensation, it is integral that you be found attached to the labor market” in order to collect benefits. The system of compensation is designed to ensure that a claimant searches for work within their restrictions while collecting benefits from Workers’ Compensation. A claimant has a duty to look for work within their restrictions if their doctor or a judge has found them to be anything less than totally disabled from work. A failure to remain attached to the labor market” can result in disqualification from weekly compensation benefits. The consequences are dire and can seriously jeopardize your compensation case.

Understand Your Restrictions and Document Your Job Search.

The key is to discuss your restrictions with your doctors. If you are less than totally disabled, you should search and document a work search. Important details include job title, date of application, outcome, etc. Insurance carriers will send you work search information if their own Independent Medical Examiner (“IME”) doctor finds you less than totally disabled. However, you should consult your own doctor whose opinion should be controlling in your return to work or search for work. A search for work should include registration with an employment center such as WorkForce One, a copy of a resume, and list of jobs applied for with proof of application. A C-258, which is the form where you record your job inquiries, can be found on the Workers’ Compensation Board’s website. An insurance carrier will eventually raise Labor Market Attachment at a hearing, and at that point, we suggest consulting an attorney in order to prevent a carrier taking advantage of the system.

An important thing to keep in mind about labor market attachment is the overall principle of workers’ compensation — which is to facilitate a return to work while providing medical protection and compensation for lost wages. So, failing to look for work within your restrictions can result in your disqualification for benefits.

Schwartzapfel® Lawyers P.C.

If you are in the process of filing a claim, or have questions regarding your current compensation benefits, contact the workers’ compensation legal experts at Schwartzapfel® Lawyers P.C. For a free consultation, call us now at 1-516-342-2200 or fill out our online contact form. We will fight for you!

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