What type of job search is needed to make your Michigan workers’ comp case more successful?
We blogged about New Year’s resolutions last week and offered suggestions for making your workers’ comp case even stronger.
Our second resolution idea was to perform a good-faith job search. Here is some info about proving total disability at trial.
Our clients get very confused when told to look for a new job. This seems silly when a person is still technically employed or receiving disability benefits from another source. Here is why a job search is a critical.
The Michigan Legislature passed major reforms in 2011. Claimants now have a duty to seek out work that is available to them. Failing to look for jobs could be fatal to a case.
Insurance companies also get a credit for “wage earning capacity.” These phantom wages are not actually paid but just available in the general economy. A vocational expert will be hired to say jobs are available but a person is not trying hard enough to find them.
Performing a good-faith job search shows these made-up jobs do not actually exist. It is critical evidence that a magistrate can use to award full wage loss benefits.
Michigan courts have not provided any specific rules about how many job applications are required. We tell our clients to apply for as many jobs as reasonably possible. Consider other skills, qualifications, training, and hobbies.
Just 3-4 applications per week can quickly add up. It is important to keep a written job search log with copies of applications, emails, and rejection letters. This evidence can be submitted at trial.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.
Related information:
Why your “wage earning capacity” matters under Michigan workers’ compensation
