Injured Workers Have a Duty to Market and Mitigate Their Lost Wages
“As long as there is no Award, an injured worker has a duty to market for all periods she is claiming during which she was limited by the treating doctor to “restricted,” “part time” and/or “light duty” work,” according to Herndon Virginia injury lawyer Doug Landau. Contrary to common belief, marketing is not a defense; it is part of the claimant’s burden of proof. In other words, the disabled worker must put on evidence of their reasonable and regular marketing efforts to look for light duty work that they can do despite their workplace injuries. The employee is not expected to find a job immediately after the doctor allows them to return to “selective employment” or a part time, easier job.
However, notes comp lawyer Landau of ABRAMS LANDAU, Ltd., “every workers comp judge is going to want to see evidence of consistent efforts to find work once a “light duty work” release is in the medical records. So it’s a good idea to keep written records of your job search and other marketing efforts so you do not have to rely on your memory later in court !”
Furthermore, there is no duty for a carrier to provide vocational rehabilitation assistance, retraining, and/or education once they agree to accept a claim. That is why an experienced workers compensation attorney can help find other assistance. It is critical to get under the protection of an Award as soon as possible so that your rights can be protected. If you or someone you know or care for has been injured as the result of an on the job accident, and there are questions about what laws apply and what steps they should take to market their remaining physical and mental capabilities, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.