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Voluntary Withdrawal

Looking for Work After a Disability

Workers who suffer a partial disability on the job may no longer be entitled to workers' compensation benefits if they do not return to work after their injury. With the recent changes to workers' comp law, you must look for work to receive benefits.

At the Robert A. Koenigsberg Law Offices, we represent injured workers who are seeking workers' compensation benefits. We are current with the changes to workers' compensation law and will continue to fight for the benefits injured workers deserve. For a free consultation with a New York City workers' compensation claim attorney, please call 212-964-9292 or contact us online.

The Consequences of Voluntary Withdrawal

One of the changes to New York workers' compensation law mandates that workers with partial disability have to look for work, even if they cannot return to their old job. Your employer's insurance company may try to terminate your workers' comp benefits by arguing that you are not looking for work. You will be required to prove that you are seeking a job or the insurance company will claim that you have voluntarily withdrawn yourself from the job market.

We can fight this carrier defense of voluntary withdrawal. Our lawyers know how to use medical evidence combined with vocational factors to prove the limits of your capabilities or to help you demonstrate to the judge that you have made the necessary efforts to have looked for work.

Your employer's insurance carrier is not obligated to provide job training. However, you may also be able to receive job training from Vocational and Educational Services for Individuals with Disabilities (VESID). This is a state agency that helps to retrain injured and disabled workers.

To discuss your options, please call our office at 212-964-9292 to schedule an appointment.

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