Do I Need To Look For Work If I Am Getting Workers' Compensation?

In short: Yes, you do.

Under the New York Workers' Compensation requirements, recipients of workers' comp benefits are required to demonstrate that they are looking for work within their restrictions. This requirement seems unfair to many injured New York workers, especially those who have suffered serious, debilitating injuries, but it is absolutely essential to comply with this requirement so as to not lose out on Workers' Compensation benefits.

Complicated Requirements ∙ Experienced Attorneys

Since our beginning as Silverman & Silverman in 1940, our Schenectady permanent partial disability attorneys have been focusing exclusively on helping injured workers. Serving clients in Albany, Schenectady, Troy, and the entire Capital District, the lawyers of Silverman, Silverman & Seligman, P.C., have developed a thorough understanding of the job-search requirements.

Although the job search requirement might seem unnecessary, if you do not comply, it is called "voluntary removal," and you will lose your benefits. Compliance with this rule, however, is not a simple matter. There are many Supreme Court Appellate Division cases that lay out the specifics of this requirement.

If you are receiving benefits, it is essential that you talk with an attorney about the job search requirement. The most common justification for denying continuing Workers' Compensation benefits is that the applicant has not demonstrated the effort required in looking for other work.

We can help you with:

  • The actual job search: By definition, partial disability means that you are not totally disabled; you can still do some work. All New Yorkers receiving partial disability benefits need to search for work that is within their abilities.
  • Demonstrating job search efforts: It is one thing to look for work, but you also have to properly demonstrate your job search efforts to the workers' comp insurance carriers. Missing filing deadlines or committing small clerical errors could lead to the loss of your benefits.

We will help you comply with all of the legal requirements for your job search so that you don't lose your Workers' Compensation benefits.

Free Initial Consultations

We serve clients in Albany and all upstate Capital District counties. If you have experienced a work-related injury, you can talk with one of our experienced lawyers. Call 518-631-4521 or contact us online for a free initial consultation with a New York work injury compensation attorney.