Off The Record – Workers’ Comp – Labor Market Attachment

Video Transcript

Hi, everyone. My name is Greg Osborn. I’m an attorney at Turley, Redmond and Rosasco and today I want to talk about the workers compensation issue that’s of labor market attachment. Labor market attachment, basically, is the requirement by the New York State Workers’ Compensation Board where an injured worker who is determined to be partially disabled must reasonably look for gainful employment.

Now, why is that going to be important? Because most injured workers who are out of work and receiving cash benefits are deemed to be partially disabled. That is because the requirement for a total disability is very high. Even with substantial MRI findings, and even an old surgery, you’re likely going to be partially disabled. Another reason why that’s important is if you got injured in the year of 2020, or 2021, you likely have not faced this issue.

That is because the labor market requirement has been suspended as of March 2020. That suspension has been lifted August 2021. You will face that defense from the insurance carrier very soon. What does it mean to make a reasonable attempt to gain gainful employment? Well, that’s up to the discretion of the judge, and it’s very broad and general. So, there’s no real rule as to what that is. You could look for work on your own. You could also participate in a labor placement program with the state but either way, you’re going to face this at a hearing with testimony. If you run into the issue of labor market attachment, call us at 516-745-5666. Thanks.