When Do Worker's Compensation Claimants Have to Conduct A Job Search?
When an injured worker is hurt on the job, he or she may have a worker's compensation claim. To have a valid worker's compensation claim, you must be injured by accident arising out of and in the course of your employment. This normally means that you were on the clock doing your job duties for your employer when the accident occurred.
Injured worker's with compensable claims are entitled to income benefits for their lost wages, medical expenses when treating with authorized worker's compensation doctors, and permanent partial disability benefits for permanent loss of use of one's body.
When an injured worker is on no work status, then he or she would normally be entitled to temporary total disability benefits. If an injured worker is terminated or resigns while on light duty, then he or she is required to conduct a job search for suitable light duty work. This burden was created in the Maloney vs. Gordon County Farms, 265 Ga. 825 (1995). This case puts the burden of proof on the injured worker to prove that the inability to earn a living was the result of a compensable injury rather than other factors such as no one is hiring. The burden requires the Claimant to make a "diligent yet unsuccessful attempt to find suitable employment".
It is not enough for the injured worker to simply look for work. He or she must also tell potential employers that they speak to about potential job openings that they have been injured on the job and currently have light duty work restrictions. If you do not tell the potential employers that they have work restrictions, then the job search is usually held to be insufficient in proving that the injured worker was not hired due to his or her work injuries and restrictions.
There are many complex issues surrounding on the job injury claims. Our firm has extensive experience in worker's compensation and has successfully handled thousands of worker's compensation claims. Injured worker's need the protection of experienced worker's compensation attorneys. If we accept your case, then there are no out of pocket expenses and the attorney fee is 25% of the amount recovered. This creates a win / win scenario in which injured worker's can have their rights protected and obtain the worker's compensation settlements that they deserve.
If you or someone you know has a worker's compensation claim, you should call us at 866-847-6545 or visit our website at www.griffinlawfirmpc.com for a free case evaluation.
