When you’ve suffered job-related injuries and are filing a Workers’ Comp claim in Virginia, if your employer found a job for you that your doctor OKs, you must accept it, or your benefits will cease.
If your claim has been denied because of any allegations of Workers’ Compensation fraud, such as willful misconduct, you can speak to a Virginia Workers’ Comp lawyer and take your case to the Workers’ Comp Appeals Board.
It doesn’t matter if you don’t really like the new position; you have to accept the opportunity for work or your employer could accuse you of “refusal of employment” and deny your claim.
This can be a pretty hard pill to swallow. If you’ve been a construction foreman for 20 years, and your employer offers you a desk job after your doctor releases you to light duty work, you might be less than thrilled. However, it’s important to make a “good faith effort” to find regular employment within your capabilities.
What Is Good Faith Search For Work?
An employee who is partially disabled – ie., unable to perform his or her regular job, but able to perform light duty work – is required to seek light duty work in good faith in order to receive disability benefits if he or she is not on an open award.
Information provided by the injured worker about job contacts should be supported by facts, preferably in writing, about the names of the employers contacted; where the employers are located; the date(s) the contact was made; whether the contact was in person, by phone or via internet; and the result of the contact.
The Importance of Documentation
It’s also vital to document your employment search carefully; if you don’t, your employer could accuse you of Workers’ Compensation fraud and deny your Workers’ Comp benefits.
In the Ultimate Guide to Workers’ Compensation in Virginia, there’s a helpful chart in the appendix that you can use to document your employment search. This will help you keep track of all the prospective employers you’ve sought employment from and demonstrate your good faith effort to find a job.
If you’ve suffered job-related injuries but are being denied your benefits due to fraud allegations, you’ll want to consult with an attorney and take your case to the Workers’ Comp Appeals Board to fight for your rights.
Contact an Attorney about Your Work Related Injury Claim
When you have difficulties with your work-related injury claim, a Virginia Workers’ Comp attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.
The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers' compensation claims in Virginia. If you have questions about your benefits or if you would like more information on the Virginia Workers’ Compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.