Labor Market Attachment

While your partial disability may prevent you from returning to your prior work, it does not necessarily prevent you from returning to all types of work.

If you fail to do so, the Insurance Carrier may assert that you have voluntarily removed yourself from the workforce, thereby allowing them to stop ongoing weekly wage benefits. This is referred to as the defense of “Labor Market Attachment.”

Sometimes injured workers believe that they do not have to remain attached to the labor market because:

• They are on Social Security Disability (SSDI),
• They collect Unemployment Insurance,
• They have been told by their previous Employer that they cannot go back to work because of their disability, or
• They have been terminated because of their disability.

There are many ways to show that you are attached to the workforce. Some of the most common include:

• Completing a detailed job search,
• Working with ACCES-VR and/or a One-Stop Center, or
• Attending school full-time or a job-training program.

Perhaps the most effective way to show attachment to the labor market is to submit an independent job search. We recommend that you use the form C-258 provided on the Workers’ Compensation Board website and keep track of the following information:

• Date of the contact,
• Address of the contact,
• Position sought,
• Name of the person spoken with.

Save any and all cover letters, resumes, and emails used in the job search and obtain copies of all completed applications.

What If My Employer Offers me Light Duty?

If your Employer offers you a light duty job that’s consistent with your abilities and you deny that position, the Workers’ Compensation Carrier will likely challenge your entitlement to benefits on the theory that you have “Voluntarily Withdrawn” from the workforce.

In that case, you would have to offer a valid reason for denying that position. Sometimes, the light-duty position is based on the opinion of the IME, as opposed to your doctor. In this instance, the Court may find that you declination of the light-duty position is justified. Typically, a hearing is requested and the issue is litigated.