If you’re on workers’ comp, there’s one rule that trips people up more than almost anything else: the work search. It sounds simple, but whether you actually do it—and can prove you did it—can make or break your case. Let's get into when you need to start searching, what counts as a “good faith” effort, and the steps you can take to make sure your benefits stay safe.
So when do you actually have to start job hunting? It really comes down to whether you’re considered partially disabled instead of totally disabled.
And here’s the kicker—insurance companies like it this way. They know the rules are tough, and they’re counting on you to miss a step or not have enough proof so they can push to cut off your benefits.
A lot of people think they shouldn’t bother applying for jobs that pay less than what they earned before. But here’s the truth: even if you land a lower-paying or part-time job, you may still qualify for workers’ comp benefits through something called reduced earnings.
Here’s how it works: if your injury limits you to lighter duty or fewer hours, and that means you can’t make as much as before, workers’ comp can make up part of the difference. You’ll still get paid for the work you do, plus a benefit that covers a chunk of what you’ve lost.
This is actually a win-win. You’re showing the judge you’re serious about working within your restrictions, and you’re also keeping money coming in. It looks a lot better than refusing jobs just because they don’t match your old paycheck.
This is where most people stumble—what does a “good faith” effort actually look like? There’s no exact formula, and every judge has their own opinion. What flies in one hearing might not in the next.
Still, a few basics hold true:
Bottom line: make your search look like the kind of effort you’d put in if you truly needed a job. That’s what judges expect to see.
Knowing you have to do a work search is one thing—actually doing it the right way is another. Here’s a straightforward checklist that covers what judges expect:
Step 1: Create a Resume
Even if you’ve had the same job for decades, you still need one. It shows the judge you’re serious. Keep it updated and professional.
Step 2: Get Your Medical Restrictions in Writing
Ask your doctor for a clear list—how much you can lift, stand, sit, etc.—and hang onto it. Share it when you apply for jobs.
Step 3: Visit a Job Center
Places like Workforce One or Access VR offer classes, resources, and documentation that back up your work search. Judges like seeing you use them.
Step 4: Search For Jobs Independently
Look online (Indeed, Monster, etc.) and in person if you can. Focus on jobs that fit your restrictions and are actually hiring.
Step 5: Keep Evidence of Everything
This is where a lot of people slip up. Use a log or the official C-258 form to record every application: date, employer, position, contact info, and outcome. Save postings, emails, rejection letters, and screenshots.
If you’ve got questions about work search—or anything else in your workers’ comp case—give me a call. You can reach me, Rex Zachofsky, at 212-406-8989. No pressure, no sales pitch—just a conversation about what’s going on in your case and how we can help.
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