The answer is . . . it depends.
When a person is injured in a workplace accident, there are two elemental requirements for an entitlement to wage loss benefits under the Virginia Workers’ Compensation Act: 1) accident-related work restrictions; and 2) resulting wage loss. Without the presence of both of these elements, there is no entitlement to a workers’ comp check. Proof of work restrictions comes in the form of medical records. For purposes of this discussion, there are two types of restrictions - those prohibiting all forms of work activity, and those prohibiting only certain of the activities required in the pre-injury job. This distinction is an important one.
When the injured worker is completely and totally disabled, he is not required to look for work. However, if he is capable of “light duty” work, he must conduct a job search consistent with his doctor’s recommendations. Furthermore, he must keep detailed records of his job search activities to use as evidence at his workers’ compensation hearing. This job search rule is what workers’ comp lawyers refer to as “the marketing doctrine.” The rule even applies to workers whose employers bring them back to work in light-duty positions at reduced hours. They must also prove they looked for work in order to receive compensation for their missing hours of employment.
The vast majority of injured workers are unaware of the marketing doctrine. If they remain in the dark, they will suffer a crushing blow when the Virginia Workers’ Compensation Commission denies their claim for wage loss benefits because their job search was either non-existent or inadequate. Don’t let this happen to you. Speak with an experienced workers’ compensation lawyer early in your case so you may know your responsibilities. Call us today.
The Law Office of Craig A. Brown — representing workers compensation claimants in Prince William, Manassas, Manassas Park, Arlington, Alexandria, Fairfax, Loudoun, Fauquier, Front Royal, Stafford, Culpeper, Fredericksburg, and Spotsylvania.