As some of you are now aware, the sensitivities and interpretation of benefits for injured workers has become more stringent. Any person injured on the job and who is not totally disabled has an obligation to search for work consitent with their disabilities and skill level. What this means is that since the “Axel case”, the burden has been placed on workers to demonstrate they have made sufficient attempts to look for work consistent with their deminished abilities. Failure to make such a “work search” has been found to be detrimental to receiving contiued indemnity benefits and in some cases even prevent the continued receipt of medical bnefits.
It is therefore incumbant upon the injured worker to be able to document this “work search” with written copies of applications, written rejections and details of the kinds of work with the specifics of the search. A mere review of the classified or computer searches is not necessarily convincing. Registrating with the local ” One Stop” division of the Unemployment Office near you is a start. Diligent follow up with same and actual filing for work with applications and records are being requested by most compensation law judges.
Do not be complacent or acquiencent. If you are questioned in court you are required to present evidence of such work searches. Oral statements without physical evidence is not effective evidence. A word to the wise, protect your benfits. Keep written logs of your “work searches” and be prepared for investigations by the insurance companies. Do not sign statements without discussing your rights with an attorney. Be honest but be aware. The free ride has ended. The insurance industry has adopted the Regan credo, ” Trust but Verify” which has become Prove or Be Disbelieved.
As always, note our legal disclaimer, this blog is not legal advise but merely informative and for educational benfits. Legal rights are best protected by retention and following the advise of your legal cousel.