What does marketing mean in a workers compensation claim? Marketing is looking for employment, you might also hear the term job search.
Watch This Video on YouTube.com
What does marketing mean in a workers compensation claim?
Marketing is looking for employment, you might also hear the term job search.
Marketing is required when an injured worker is placed on light duty by their doctor and the employer cannot accommodate the light duty restrictions and the worker is not under an open award. Under these criteria the injured worker must seek other employment in order to receive a weekly lost wage check.
There are usually 2 situations in which this occurs, one is when a claim is denied as you are not under an open award and you’re waiting several months for a hearing, the second is when the insurance company is voluntarily paying, but things are not as they seem since you are not under an open award.
Filing a claim form starts the process to be covered under an open award, so if you have not already done so, please file your claim.
The Virginia Workers Compensation Commission has specific guidelines you need to follow for marketing. The guidelines state that you must look for at least 5 jobs per week at the bare minimum and you should look for at least 10 jobs per week. The Virginia Workers Compensation Commission will deny claims and stop weekly checks due to poor job search efforts. In my opinion if you want to risk not getting your benefits then feel free to only look for five, but by documenting 10 searches each week you there will be less of a chance that you will not receive benefits.
During a hearing, if you only have 5 jobs listed and 1 or 2 are deemed not sufficient, then you will not get a check for that week and I personally don’t like my clients taking that risk.
You will not receive a weekly check if you do not look for work at all, the same is true if you are looking but not recording your search properly. As an injured worker you have the burden to prove with your documentation that you are properly searching for work.
Be sure to call your current employer to see if they are able to accommodate your work restrictions. As well, be sure to call them each time your disability slips, your work restrictions or limitations change to see if they can then accommodate your work restrictions.
Remember to look for 10 jobs and not just the minimum of 5, just to be on the safe side.
Also remember to document everything and keep a job search chart. You can download a job search chart from our website and watch a video specifically on how to use the chart. Our website is injuredworkers.staging.wpengine.com
Next, always keep business cards, newspaper ads, any email confirmations of resume receipt or any other documentation about your job application status.
Always follow up with applications and call potential employers until you get an answer. Don’t just submit an application and hope that someone will contact you, follow-up, you need to contact them, has the job been filled, does it fit your current work restrictions, do you best to get an answer.
Turn in your job search charts weekly to your attorney, in the cases where I get weekly job search charts to submit to the adjuster or defense attorney are the cases where my clients get their weekly checks if we wind up going to a hearing over contested matters. Weekly submissions show that you are consistently looking for employment and that you’re not trying to backdate any of your records.
Technically, if the doctor says that you can work 20hrs each week, then you should spend those 20hrs searching for work. With a weekly search you’re showing a consistent and good faith effort. By searching for 600 jobs in one week, you are not showing the good faith efforts that the commission looks for.
Also, you need to sign-up with the Virginia Employment Commission, not to get unemployment benefits, but to use their job search system and assistance in completing your weekly job searches.
For additional information you can get our free book, The Ultimate guide to Workers Compensation in Virginia from our website to help you protect your rights and maintain your benefits.
About the Author: Michele Lewane
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.