The hardest part of your case may come after the Board decides you are partially disabled.
That finding means the Board believes you can do some kind of work — maybe not your old job, maybe not full time, but something within your medical restrictions. And for many injured workers, that is where their benefits stop. Not gradually. The carrier asks the Board to cut them off, and the checks end. Not because the worker did anything wrong, but because no one told them that the rules just changed.
Once you are found partially disabled and you are out of work, you may be expected to show that you are trying to get back into the workforce. In New York, this is called attachment to the labor market — and it is one of the most common ways insurance carriers try to stop paying people.
What "Attached to the Labor Market" Means
When you are totally disabled, no one expects you to look for work. But partial disability is different. The carrier's argument goes like this: if you can do some work and you are not doing any, maybe your lost wages are not really caused by your injury.
Labor market attachment is how you answer that argument. It means showing the Board that you are genuinely trying to work within your restrictions — the kind of work your doctor and the Board say you can do.
If you cannot show that, the carrier can ask the Board to cut off your benefits. And it often succeeds.
You Do Not Have to Find a Job — But You Have to Try
This is the part most people misunderstand. Labor market attachment is about effort, not results. There are several ways to show it:
- Working within your restrictions. If you find a job you can do — even part time, even at much lower pay — that is attachment. It can also qualify you for reduced-earnings benefits, which pay two-thirds of the gap between your old wage and your new one.
- A documented job search. Apply for jobs that fit your restrictions, and keep a record of every one: the date, the employer, the position, and what happened. An undocumented search is, as far as the Board is concerned, no search at all.
- A retraining program. Enrolling in a state- or city-run program that helps injured workers retrain for new work can count.
- Going to school full time. Full-time education aimed at getting you back to work is another recognized way to stay attached.
Not all labor market attachment is working at reduced earnings. But working at reduced earnings is a form of labor market attachment — and it is often the strongest one. Because the benefit is based on your lost wages, not your percentage of disability, a low-paying part-time job can pay more each week than staying out of work.
The Mindset Trap
Here is where good people lose their benefits.
Many injured workers — especially older workers, and people with serious injuries — do not agree that they can work at all. They feel it in their bodies every day. So when the Board finds them partially disabled, they keep arguing the point. They do not look for work, because in their minds there is no work they can do.
Then they go to a hearing and explain: "I didn't look for work because I can't work."
And the benefits stop.
Once the Board has found you partially disabled, that question has largely been decided. The hearing is no longer about whether you can do some work. It is about whether you have been looking for the kind of work the Board says you can do — even if you disagree with that finding.
That can feel unfair, and it is hard to accept. But understanding it early is what protects your income. If your condition gets worse, that is a medical question for your doctor to document — not a reason to stop searching.
If Your Benefits Already Stopped: Reattachment
Labor market attachment is not only a defense. It can also work in your favor.
If your benefits were cut off because you were not attached — or you are not currently receiving ongoing benefits for that reason — you may be able to become entitled again by reattaching to the labor market. The steps are the same: a documented job search, work within your restrictions, retraining, or full-time school. The difference is that instead of defending existing benefits, you are building the record to get them back.
When This Stops Mattering
Labor market attachment matters most while your case is still open and your disability is considered temporary. Once the Board classifies you with a permanent partial disability — and you are entitled to benefits at that point — New York law generally does not require you to keep proving ongoing attachment.
That makes the period before classification especially important. The record you build now can affect what you are entitled to later.
Settlement can also end the question entirely. A Section 32 settlement closes out your case in exchange for a lump sum, so you are no longer required to show you are looking for work to keep getting paid.
How We Help
Labor market attachment is one of the tools insurance carriers use most often to stop paying injured workers. It is also one of the easiest to protect against — if you know it is coming.
We help clients understand what the Board expects, build a record that holds up at a hearing, and, when it makes sense, settle the case so they do not have to keep proving it.
Found partially disabled and not sure what the Board expects from you next?
Workers’ compensation is what we do. At Schotter Millican, LLP, we represent injured workers across New York City, and we have never represented an insurance company or carrier.
Call (718) 770-3708 for a free case review. No fee unless we win.
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