You're Doing Work Search WRONG in 2023!

How to Conduct a Work Search Without Losing Your Workers' Comp Benefits

Filing a workers' compensation claim in New York can be a lifeline if you're injured on the job and unable to return to your previous position. However, maintaining these benefits often requires ongoing effort, particularly when it comes to searching for work within your physical restrictions. Failing to do so can result in the suspension of your benefits. Here's a comprehensive guide on how to navigate the work search process effectively.

Understanding Work Search in Workers' Comp Cases

When you get injured at work and are deemed totally disabled, you can collect workers' comp benefits to support yourself financially and cover medical expenses. However, as you recover, there may come a time when your doctor or a judge determines you are only partially disabled. At this point, you're required to engage in a diligent and good faith work search to continue receiving your benefits.

What Constitutes a Good Faith Work Search?

A good faith work search means actively looking for jobs that accommodate your restrictions. Unfortunately, there's no universal standard for how many job applications you need to submit. Some judges expect a couple of searches per week, while others might require several per day. To be safe, aim to apply for as many suitable jobs as possible.

Consider your job search as your new job. The more proactive and thorough you are, the better your chances of maintaining your benefits.

Steps to Conduct an Effective Work Search

1. Identify Your Restrictions:
   • Consult your doctor to get a clear understanding of your physical limitations. Ask for a detailed list you can share with potential employers, such as restrictions on standing, sitting, lifting, and other physical activities.
2. Search for Appropriate Jobs:
   • Use various methods like online job boards, in-person visits, and telephone inquiries. Ensure the jobs you apply for can reasonably accommodate your restrictions. Avoid applying for positions that clearly exceed your physical capabilities, as this can be viewed as a lack of good faith.
3. Keep Detailed Records:
   • Document every job application, including the date, contact person, method of application, and the outcome. Save copies of job postings, applications, emails, and any other correspondence. This documentation is crucial for proving your efforts to the court.
4. Utilize One-Stop Work Search Agencies:
   • These agencies offer programs that can support your job search and provide documentation to prove your participation. Actively engage in these programs to show you are making a sincere effort.

Proving Your Job Search to the Court

To maintain your benefits, you need to provide solid evidence of your job search efforts:

• Form C258:
  • This form lists all your job searches and can be obtained from your lawyer or downloaded online. Ensure it's filled out accurately and completely.
• In-Person Applications:
  • Collect physical proof such as job postings, business cards, and notes from your conversations. Photos of "Help Wanted" signs can also be helpful.
• Online Applications:
  • Keep digital copies of job postings and all email communications with potential employers.
• Resume:
  • Always include a well-prepared resume in your applications. Judges often view the absence of a resume as a lack of serious intent in your job search.

Submitting Your Evidence

Submit all your evidence, including job postings, emails, and your resume, to the court before your hearing date. Typically, evidence should be submitted at least ten days prior. If you have a lawyer, they can handle the submission for you, but make sure to provide them with everything in a timely manner.

The Benefits of Finding a Job

Securing a job, even a light-duty one, is one of the best ways to prove your commitment to returning to work. This can positively influence your case and show the judge that you are serious about your recovery and reintegration into the workforce. Even if the job pays less than your previous position, it can still strengthen your claim and may allow for additional benefits.

Need Help?

If you have any questions about your work search or workers' compensation claim in New York, feel free to reach out for a free consultation. Our conversation is confidential and can potentially save you thousands in benefits.

For more information and resources, be sure to subscribe and stay updated on the latest tips for filing and maximizing your workers' compensation claim.

Resource Link:

• Form C258

If you need personalized assistance with your workers' compensation claim, please call Rex Zachofsky at 212-406-8989. Our team is ready to help you navigate your claim and ensure you receive the benefits you deserve.

‍