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Attachment to The Labor Market

Thursday, September 19, 2019

IF I AM RECEIVING WORKERS’ COMPENSATION PAYMENTS, DO I HAVE TO SHOW THAT I AM LOOKING FOR WORK? 

Under the New York State Workers’ Compensation Law, if you have been found to have a partial disability, then, under many circumstances, you are required to look for work within your medical restrictions. You may hear the term “attachment to the labor market” when dealing with this issue. It is very similar to the situation when someone is receiving unemployment benefits and is required to show that he or she is looking for work to keep the benefits going. Your Suffolk County Workers’ Compensation Lawyer can guide you through this process.

There are a number of things you can do to satisfy this requirement:

  • You can perform a search for work on your own. This must be carefully documented showing the date you contacted the potential employer, the person you spoke to and his or her contact information, along with the response to your inquiry. These days, many job applications are done online over the internet and there is no contact with a live person. In that case, you should keep a careful record, electronic or printed, of your search. Keep in mind that you must show a real effort behind your job search with regular and frequent documented attempts to find work. A casual, infrequent search will not be accepted.
  • You can actively participate in a government sponsored job service such as One-Stop Career Centers through the New York State Department of Labor, or Work Force One through the New York City Office of Labor Relations. The agency will provide you with an identification card as well as a record of your participation in the program. You must demonstrate that you are actively engaged in the program and not just attending on a casual basis.
  • You can take advantage of a job service commonly used to find work within a specific field or industry.
  • You can also show that you are actively participating in a Workers’ Compensation Board approved rehabilitation program such as VESID (Vocational and Educational Services for Individuals with Disabilities).

Keep in mind that not everyone receiving partial disability benefits needs to do a work search and there are exceptions. It is always best to consult with a New York Workers’ Compensation attorney for the best way to proceed.

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