Michigan workers compensation lawyer discusses the good faith job search and why it is critical to the success of your case.
The Michigan Legislature enacted major changes to workers compensation in 2011. The most controversial being the addition of “wage earning capacity” into the Act. This allows an employer or insurance company to get a credit for wages that are not even earned.
You read that last part correctly. If the insurance company says you can work somewhere else, then weekly benefits can be automatically reduced or even stopped. However, these alternate positions must still be reasonably available within your restrictions.
A magistrate may consider a good-faith job search to award full weekly benefits. This has quickly become one of the most important parts of a workers compensation case. If you are not looking for alternate employment, then you might have already lost.
Our clients want to know what is considered a good faith job search. Is it really necessary to seek employment outside past work experience? The courts have not yet fully decided this issue but we think it’s best to consider all types of employment. Here are some categories you can use to start your job search.
Insurance companies hire vocational experts to examine your entire work history. This includes asking questions about your education, military service, and past work experience. Jobs that you have not held for decades can be used to justify a reduction in weekly benefits. Don’t limit your search to your last position.
Hobbies & Skills
We tell our clients to think about their hobbies and skills. Some people are good with computers while others are better at customer service. It is important to consider jobs you may not have held before. Take this opportunity to explore different career options. Show the magistrate that you are thinking outside the box and really trying to find work.
Many jobs exist that require little training and are entry level. Positions like cashier and information clerk are routinely cited by insurance companies as jobs that are available. It is important to apply for low wage jobs so you can show a magistrate that no employer will hire you with restrictions.
To speak with our workers compensation lawyers in Michigan, call (855) 221-2667 for a free consultation. We can help you get all the wage loss benefits that you deserve.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.