Filing a workers’ comp claim in New York can be a lifesaver if you’re hurt on the job and can’t go back to your old position. But keeping those benefits coming isn’t always automatic—you’ve gotta stay on top of a few things, especially looking for work that fits within your physical limits.
If you don’t show that you’re actively job hunting, your benefits could get cut off. So, let’s walk through how to handle the work search process the right way.
If you get hurt on the job and you're considered totally disabled, workers' comp kicks in to help cover your bills and medical costs. But as you start to heal, your doctor or a judge might decide you’re only partially disabled. When that happens, you’re expected to start actively—and seriously—looking for work that fits within your physical limits if you want to keep getting your benefits.
Doing a “good faith” work search means you’re seriously looking for jobs that match your physical restrictions. The tricky part? There’s no set rule for how many applications you need to send out. Some judges are okay with a few a week, while others expect several every day. To play it safe, apply for as many legit, appropriate jobs as you can.
Think of your job search as your new job. The more effort you put in, the better your chances of keeping those benefits coming.
1. Know Your Limits
Talk to your doctor to get a clear idea of what you can and can’t do physically. Ask for a written list of restrictions—like how long you can sit or stand, how much you can lift, etc.—so you can share it with potential employers.
2. Look for Jobs That Fit
Use all the options available—online job boards, phone calls, even walking into businesses. Just make sure the jobs you’re applying for actually line up with your physical limits. If you apply for work you can’t realistically do, it could look like you’re not making a real effort.
3. Track Everything
Keep detailed records of every job you apply for. Write down the date, who you talked to, how you applied, and what happened. Save job listings, applications, emails—anything that backs up your search. This can be super important if you need to show the court you’re trying.
4. Use Job Search Programs
Check out one-stop work search agencies. They offer resources to help you job hunt and can give you proof that you’re participating. Getting involved shows you’re putting in real effort to find suitable work.
To maintain your benefits, you need to provide solid evidence of your job search efforts:
Make sure to send in all your evidence—like job listings, emails, your resume, and anything else—before your hearing. Usually, you’ll need to get it in at least 10 days ahead of time.
If you’ve got a lawyer, they can take care of submitting everything for you—but don’t wait until the last minute. Get them what they need as early as possible so they have time to prep and get it all in on time.
Landing a job—even a light-duty one—is one of the best ways to show you’re serious about getting back to work. It can really help your case and let the judge know you’re doing everything you can to recover and return to the workforce.
Even if the new job doesn’t pay as much as your old one, it still works in your favor and could even open the door to extra benefits.
If you have any questions about your work search or workers' compensation claim in New York, feel free to reach out to me, Rex Zachofsky, at 212-406-8989, for a free consultation. Our conversation is confidential and can potentially save you thousands in benefits.
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