Workers' Compensation & Seeking Work

Posted By Katz, Leidman, Freund & Herman || 4-Apr-2019

When someone is partially-disabled and receiving workers’ compensation benefits, there comes a point in time where they are expected to seek gainful employment that accommodates their medical restrictions – they are not supposed to seek work that they can’t do.

The term for this is “labor market attachment” and simply means the worker can show that he or she is actively seeking work and they can prove it to their employer, the insurer, or the New York Workers’ Compensation Board.

“But how am I supposed to demonstrate that I am actively seeking work? That sounds difficult.” To demonstrate attachment to the labor market, that you’re actively seeking work, you must have documented evidence. This means you need to show that you are actively seeking work that takes your medical restrictions into consideration.

To demonstrate labor attachment, you have these options:

  • A diligent, timely, and persistent independent job search;
  • Participating in a job-relocation service, such as One-Stop Career Centers, New York State’s Department of Labor’s re-employment services, or through a reputable job service known for securing work within a specific industry;
  • Actively participating in vocational rehabilitation through a Board-approved program, or through Adult Career and Continuing Education Services (ACCES-VR);
  • Actively taking part in a job-retraining program; OR
  • Full-time attendance in an accredited educational institution so you can pursue employment that accommodates your work restrictions.

“But how do I prove an independent job search?” For starters, this involves looking for work on your own. This can mean in-person contacts, telephone calls, emails, or web searches. At the minimum, you are expected to document your job evidence with the day, month, and year of contact. You also want to include the employer’s name, the person you spoke with, job position discussed, and the employer’s response.

We hope you found this information helpful. If you are interested in filing a workers’ compensation claim on Long Island, contact Katz, Leidman, Freund & Herman today.