NY Workers’ Comp and Labor Market Attachment Revisited
October 5, 2008 7:30 pm Miscellaneous, NY Laws and Cases, NY Workers Compensation
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If you’re a partially disabled Workers’ Compensation claimant, you have an obligation to make a good faith effort to look for work within your restrictions. The purpose of this post is to share some points of advise we give our clients. For background, see my post “NY Workers’ Comp and Labor Market Attachment.”
- As soon as you go from totally to partially disabled, tell your employer that you’re available for light duty work within your restrictions. If your employer doesn’t have light duty for you, sign up for unemployment and look for work. See my post “NY Workers’ Comp and Unemployment Benefits,” for details on being on Workers’ Comp and receiving unemployment.
- Apply for at least 2 or 3 jobs per week and keep a log of your job search. Write down the date, the name of the company, who you spoke with, and whether or not you submitted an application. It’s a good idea to make and keep a copy of the application. Apply for jobs online and print and keep a copy of the online applications.
- Sign up with a temporary employment agency.
- Remember that it doesn’t matter if no one will hire you with your restrictions. The point is that you have to make a good faith effort to look for work.
- Contact the rehabilitation staff of the Workers’ Comp. Board.
- If you’re a union member, it’s a good idea to check in with your union representative at least once a week to see if they have any work available within your restrictions. Your contract will likely prohibit your taking other work in your trade; however, you must remember that you have an obligation to look for work within your restrictions whether or not it’s within your trade.
Do these things and you won’t have any problems with labor market attachment.
Thanks for reading,
Eric
___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com
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October 6th, 2008 at 7:36 am
Hello, I don’t think you are property lawyers but I was wondering if a person could have their land taken from them just because the neighbor had a fence on the property for forty years? This is happening to me. I have the deed to the property and the neighbors are selling. approximately 1 acre of the land is mine and since she has had her fence there and I did not know she had encroached on my land she says it is hers. There is a High Tensil Fence on my land and a sewer line. Is there iminent domain involved? I don’t think there is but I cannot get ahold of anyone to answer my questions? If this is inappropriate just disregard. Thank You.
October 6th, 2008 at 7:48 am
Hey Joan,
We do real estate here at the Ziff Law Firm. I’ll forward your question to Matt Hughson, mhughson@zifflaw.com
Thanks for reading,
Eric
___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com
November 16th, 2008 at 10:10 pm
[...] Insurance companies are generally interested in settling for around 5 to 5 and 1/2 years of your payments. On occasion, we can negotiate higher, but 5 to 5 and 1/2 years is pretty much the ballpark. A couple of reasons for this are that the insurance company is looking forward to a time when they may pass liability for your claim on to a state fund or they find another way to get out of paying you. See NY Workers’ Comp and Labor Market Attachment Revisited. [...]