Give it a try!

During the course of a New York Workers’ Compensation claim, numerous issues arise that injured workers must be aware of as they can have a significant impact on entitlement to lost wage benefits. The New York Workers’ Compensation Board can place obligations on injured workers. Not fully understanding these obligations and not complying with them can have consequences. One example is the obligation for partially disabled workers to remain attached to the labor market.

The obligation for an injured worker to seek employment within his or her light duty capabilities arises when either the claimant’s treating physician or the insurance carrier’s consultant (IME) indicates that the person has some work ability to work.

While an injured worker’s partial disability may prevent him or her from returning to their prior work, it does not necessarily prevent the injured worker from returning to all types of work. Generally, the law imposes an obligation on the injured worker to seek work consistent with his or her abilities. If the injured worker fails to do so, the insurance carrier may assert that the injured worker has voluntarily removed his or her self from the workforce, thereby allowing them to stop ongoing weekly wage benefits.

Sometimes injured workers believe that they do not have to remain attached to the labor market because they are on Social Security Disability (SSDI), collect Unemployment Insurance, 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.

While there are few exceptions to this rule, the exceptions are very limited. To protect yourself, we recommend that all injured workers with a Temporary Partial Disability or a Permanent Partial Disability take appropriate steps to show that they are sufficiently Attached to the Labor Market so as to prevent the insurance carrier from suspending benefits.
Injured workers demonstrate attachment to the labor market in three main ways: by performing an independent job search, by working with programs such as ACCES-VR, and by working with one stop career centers. Injured workers must provide evidence of their work search efforts.

There is case law to support the proposition that, if you are attending school FULL-TIME for retraining purposes, you are attached to the labor market. It is important that you also document your participation in a full-time program.

We recognize that this obligation is often difficult for an injured worker, but the idea is to prove that you are actively looking for work. We recommend that you use the form C-258.

MCV Law is proud to announce the launch of its very own Job Search (C-258) Form Generator to help injured workers more easily keep track of their work search efforts to avoid a suspension of benefits. The new fillable/printable form can be found here.

Christopher Stringham

Email: cstringham@mcvlaw.com

Phone: 315-471-1664

Christopher Stringham graduated from Western New England College School of Law in 2010 and was admitted to the New York State Bar as well as the United States District Court, Northern District of New York in 2011. He is a member of the New York State Bar Association, Onondaga County Bar Association, and the Injured Workers’ Bar Association of New York. He has been a member of Meggesto, Crossett & Valerino, LLP since October 2010.