Our experienced Workers’ Compensation attorneys explain your options
Ever since changes to the law in 2012, the insurance companies now raise the issue of “Labor Market Attachment” to try to deny paying week-to-week benefits to those who are out of work due to an injury. If your doctor submits a report saying you have a less than 100% disability or if the Law Judge finds you have a less than 100% disability, the insurance company will raise this issue. In this case, you must immediately start looking for work within your restrictions and avail yourself to a NYC or NY State vocational rehabilitation programs. You may also be enrolled in school with at least 12 credits in order to be considered “attached” to the labor market. If these situations apply, the attorneys at Severance, Burko, Spalter, Masone, & Laurette will guide you through the process and review your worksearch in order to maintain your benefits.
We explore all possible avenues for obtaining workers’ compensation and disability benefits
Returning to work after injury can be a nerve-racking experience because not only are you beginning to use parts of your body that have only recently healed, you also may have your workers’ compensation benefits terminated. If you are able to return, performing “light duty” jobs might be one option to ease your way back into the working environment. There are many things to consider, such as these tips and pointers:
- You should consult a doctor to determine your status
- You might qualify for a “reduced earnings benefit” if you are unable to return to your prior duties because of your injuries and your new job pays less
- You can receive medical treatment after returning to work
- You can receive compensation for “intermittent lost time,” which occurs when you lose work time due to your injury after returning
- After returning to work, keep records of pay stubs, receipts and any other evidence related to your injury
- If you are able to return to work but your job is no longer available, you may collect Unemployment Insurance through the New York State Department of Labor while seeking employment
Our dedicated team will guide you through this process
When deciding whether to go back to work after workers’ compensation has expired or been terminated, it is important to have an attorney walk you through all potential alternatives. If you do feel you are ready to return to work, an attorney can help you prepare for the difficulties you may encounter. The reliable attorneys at our firm take the time to review all relevant medical documents and accident reports to build your case and get you the benefits you need. You benefit by having us at your side in many ways:
- If you cannot work, we help you establish that you cannot work and need further benefits
- We will find an impartial doctor to evaluate whether or not it is safe for you to return to work
- We guide you through the process of returning to work, such as notifying your employer of any remaining restrictions you might have
- We help you determine your eligibility for reduced earning compensation
If you’ve been told to look for work and need to explore your legal options, contact us today
Employees often are told to look for work when they are experiencing a partial disability after a work-related accident or injury. At Severance, Burko, Spalter, Masone & Laurette PC we protect your interests and ensure you receive the full protection under the law you deserve. Our services are offered on a contingency fee basis, so you pay no attorney’s fee unless we are able to recover for you. Get in touch with us at our Brooklyn or Long Island offices by calling (718) 625 2300 to set up an appointment.