Marketing evidence – proving the injured worker looked for “light duty work”

For injured workers in Virginia, “marketing” is the defense that trips up many claimants’ otherwise meritorious claims every year. In many states, the injured worker must present evidence that they have taken reasonable steps to market their residual physical capacities and abilities to return to light duty work. The kinds of evidence permitted can take many forms. The judge will want to see consistent, reasonable and documented attempts to return to work that is consistent with the treating doctor’s light work restrictions and limitations as well as the injured worker’s education, training, transferrable skills and employment experience. Abrams Landau clients have succeeded in meeting this burden of proof in Virginia, Maryland and DC comp claims with the following evidence:

• Virginia Employment Commission cards showing “weekly contacts”
• Day planners with weekly entries
• Newspaper “want ads” with the advertisements marked up
• Computer printout of e-mails, applications and responses
• Post cards received showing that an online or paper application was received
• Wall calendars, month at a glance and refrigerator pinups,
• Copies of actual applications
• Correspondence showing registration with the Department of Rehabilitative Services, the Maryland, Virginia or DC Employment Commission, the Department of Education, the Department of Rehabilitation Services, etc.

At the Landau Law Shop, we encourage looking for light duty work options early and often, and that written records be kept, in whatever format will enable the injured worker to be able to show a judge what activities where during during a particular week months later. If you or someone you know has become disabled as the result of an permanent on the job injury or occupational disease and needs help, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.