ok i m out of work and on comp had a back operation got hurt at work. Now my comp wants me to start looking for a job my question to you is if i i worked still i made $15.00 a hour and i did a find a job do i have to take it if is under what i made?? And the other question is if i'm on comp and ssdi can i get my nys disable retirement article 15??
Generally speaking New York Workers Compensation payments are based on you loss of earnings or loss of earning capacity. If you return to work and earn less because of your injury you are likely to be entitled to 2/3 of the difference.
Additionally, if you have a partial disability and fail to stay attached to the work place the insurance carrier may seek to stop your payments arguing that you have voluntarily removed your self from the work place. If you have a partial disability it is important to seek work and keep track you may use Board form C-258 to do this.
There is typically an interplay between SSDI, Compensation and NYS Disability but because you are granted one does not mean you will automatically be granted the other. All three types of cases have important time frames that you must meet. You should review all with some one who works with them on a daily basis.
Please remember the answer to this question is in general and without knowledge to the specific facts of your case. You should not rely on this answer when making important life decisions and seek a legal opinion based on your particular facts and circumstances.
If you are disabled as a result of a work related injury and your doctors have submitted proper evidence of a total (100%) disability on an ongoing, updated basis you are not obligated to seek employment. This is true even if the IME says you are only partially disabled and can work with restrictions. However, once your own doctors find you to have less than a total diisability and/or indicate that you may return to work with limitations or you are adjudicated to be partially disabled by the Board, then under law you are obligated to seek employment within the medical restrictions stated. The law does not say you must find a job and actually return to work, since an employer may not be willing to offer you a job with the restictions you have. It says you must conduct a thorough, detailed, consistent and ongoing search for suitable employment. To do this you should register with Workforce1, attend thier initial orientation and follow up sessions on a regular basis, upload your resume and use their assitance in seeking a job. Ask for a print-out of your visits and keep detailed records of any jobs you apply to. You can also conduct your own job search using newspaper ads, the internet, agencies, in-person visits and phone. However, you must do this on a consistent, ongoing basis and keep full and detailed records. Discuss this with your doctors and obtain a written statement of any restrictions they place on your employment activities so that you may show this to Workforce 1 and prospective employers. Record the job search information on Workers' Compensation Board form C-258 and be sure to fill it out completely. Failure to search and have this documentation may prevent you from receiving any further workers' compensation payments under the theory of voluntary removal from the labor market. If you take a job that pays less than the average weekly wage in the employment when you were injured and your medical and financial records support this, you may be entitled to reduced earnings awards (partial payments) from compensation in addition to the new salary. As your salary increases your workers' compensation payments may decrease and once your salary reaches the same amount as your average weekly wage, you will no longer be entitled to compenasation indemnity payments. This can all get a little complicated so if you don't have one already, you should obtain a consultation with an attorney who is experienced in handling workers' compensation claims and discuss this with her or him. Good luck.
This answer does not constitute legal advice nor does it create any attorney client relationship. It is provided for general purposes only and you should not rely upon it in making any decisions. You should consult with an attorney licensed in your state who is experienced in the area of law involved in your question.
The two above attorneys give you very good advice.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseGroup) or Facebook (http://www.facebook.com/WhiteRoseGroup) if you have follow up questions as we do not monitor questions after providing an initial answer.
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