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Off The Record – Workers’ Comp – What Work Is Allowed

Video Transcript

Hi, everyone. My name is Craig Rosasco, managing partner at the law firm of Turley Redmond & Rosasco. And today, we’re gonna talk about workers’ compensation and what work activity is permissible when you’re out of work on a workers’ compensation claim.

So not a day goes by that clients aren’t looking to survive on Long Island given the high taxes, the school tax levies, the cost of living. It’s a disaster. What happens is my big union guys get hurt at work. They’re making $8, $10 grand a month, and next thing you know they go out on workers’ compensation and are reduced down to $4,000. And they’re looking for ways that they can offset the loss in income. It’s a very tricky area and you really need to consult a professional like myself, an attorney.

But in the nuts and bolts version of it, work activity can consist of anything, whether your earnings are on the books, off the books, from barter, or your volunteer services. If you go to Aunt Josephine’s deli and you do a little side work, you say, “Well, I can’t do my old job and she’s not paying me,” the judge is gonna say, “But if you went to work for a different employer and those same services, you would expect to be paid for your services.” So, it’s a very gray area and my clients get in trouble all the time because they think they know better.

What you really need to do is consult a legal professional as to what activity is permissible while you’re out of work on a workers’ compensation claim. Call me at 516-745-5666. There’s not an issue or case scenario I haven’t dealt with over the last 25 years, and I’ll be able to help you out. Talk soon.

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