NY Workers’ Comp and Labor Market Attachment Revisited

Two construction workers at work.

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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.
  • 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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6 thoughts on “NY Workers’ Comp and Labor Market Attachment Revisited

  1. 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.

  2. 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

  3. Pingback: New York Workers’ Compensation Lawyer Explains Settling Workers’ Compensation Cases | NY Malpractice Attorney | New York | PA

  4. Pingback: Elmira Workers’ Comp Attorney Discusses The Ten Commandments of Workers’ Comp. | NY Malpractice Attorney | New York | PA

  5. My PTP Rated me at 14% and the QME rated me at 8% after I’ve been a candidate for arthroscopy, subacromial decompression.I haven’t had surgery yet.The adjuster has admit liability of my insomnia, neck, right hand, right shoulder, right elbow, right arm, upper extremity and radiculopathy. What are some demands I can make to try and settle my case with a Compromise and Release for future medical and surgery? Please help me.

  6. Hey Idris,
    It sounds like you’ve got a lot going on. I would encourage you to read my post on settling Workers’ Comp cases found at
    http://www.zifflaw.com/NYInjur.....tion-cases
    and the posts referenced in that blog and all the comments. After that I would recommend that you consult with an attorney experienced in settling Workers’ Compensation cases.
    Thanks for reading,
    Eric
    ___________________________________________
    Eric L. Johnson, Esq.
    Workers’ Compensation and Disability Attorney
    Ziff Law Firm, LLP
    303 William St., Elmira, NY 14901
    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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