弗吉尼亚州工伤后的市场营销和求职要求

After an injured employee suffers a workplace accident that is deemed compensable under the Virginia Workers’ Compensation Act, the employer is required to provide the injured employee with medical treatment for those compensable injuries.  The employer must pay for the medical treatment that the injured employee receives for the injury.  作为其中的一部分，提供了医疗皇冠线上买球平台, the injured employee’s treating physician will continually assess and determine the injured employee’s ability to work.  有时, the treating physician will determine that the injured employee is not capable of returning to work at all.   然而, the treating physician may determine that the injured employee is capable of returning to work in a reduced capacity.  这种减少的工作能力通常被称为“轻型”能力. 

If the treating physician determines that the injured employee is only capable of working in a light duty capacity, 主治医师将对受伤员工规定具体的工作限制.  这些限制决定了受伤员工可以从事的工作类型.  Restrictions can range from the number of hours a day that the injured worker may work to the length of time that the injured worker may sit, 站, 或者在工作日到达.  The treating physician’s work restrictions may even outline specific types of tasks or movements that the injured worker must avoid. 

如果受伤的雇员返回工作岗位，以轻负荷的能力, then the injured employee must look for a light duty job within those light duty restrictions.   有时, an employer may accommodate the injured worker’s light duty restrictions by assigning the injured worker to another department or allowing the injured worker to do a reduced version of his/her full-duty job that conforms to the assigned light duty restrictions.   

然而, in the event that the employer does not have a light duty position available for the injured worker or does not offer the employee a light duty position, it is the responsibility of the injured employee to market him/herself for a light duty job that is within the treating physician’s light duty job orders.  根据弗吉尼亚法律, when an employee is injured on the job but is unable to return to his/her full-time job duties, the injured employee must look for work within his/her new light duty job capabilities in order to continue receiving workers’ compensation benefits.  一个受伤的员工积极寻找一份轻工的工作被称为“市场营销”.”

The following list outlines some of the guidelines that have been provided by the Virginia Workers’ Compensation Commission.  These guidelines are helpful for determining whether an injured employee has proved a sufficient marketing effort in his/her search for a light duty job.

受伤雇员寻找轻工工作的指引:

1. 诚信求工作 -部分残疾的雇员- i.e., unable to perform his/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 indemnity award.
2. 委员会考虑的因素 - In deciding whether a partially disabled employee has made a reasonable effort to find suitable light duty employment, the Commission considers such factors as : (1) the nature and extent of the disability; (2) the employee’s training, 年龄, 经验, and education; (3) the nature and extent of the job search; (4) the availability of jobs in the area suitable for the employee considering his/her disability; (5) any other matter affecting the employee’s capacity to find suitable employment.
3. 合理努力的证据 – It is presumed that in most cases the injured employee made a reasonable effort to market residual work capacity when he/she (a) registered with the Virginia Employment Commission within a reasonable time after being released to return to some form of work and (b) directly contacted 每周至少有5个潜在雇主 where the employee has a reasonable basis to believe that there might be a job available that he or she might be able to perform and (c) if appropriate, 联系受伤前的雇主做轻工.  有趣的是, it is not necessary for the employee to prescreen or know the certainty of whether a suitable job is available.
4. 做好求职记录 – Information provided by the injured employee about job contacts should be supported by facts, 最好是书面形式, 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 互联网; and the result of the contact.
5. 受伤前的技能或经验 -当受伤的雇员有特殊的工作技能或训练, he/she may search for jobs in that field if there are jobs in that field that the employee can reasonably perform. 然而, 如果在合理的时间内搜索没有成功, 员工必须将搜索范围扩大到该领域之外.
6. 联络雇主方法 – Injured employees should contact potential employers in a manner that is reasonably suited to the position sought.  在某些情况下，这包括进行个人访问. 在其他情况下, 可以通过电话联系, 互联网, 邮件, 或者通过工会招聘大厅等职业介绍所.
7. 努力使收益最大化 - If the injured employee locates and takes a job that pays substantially less than his/her pre-injury job, 员工应该继续寻找一份薪水更高的工作.

Seek the assistance of a Virginia workers’ compensation attorney to implement these marketing tips and to protect yourself or your business during a workers’ compensation claim.

克里Stolz 是一个皇冠搏彩APP下载 & 科沃德律师专注于工人赔偿, 保险抗辩和民事诉讼.

资料来源:《皇冠线上买球平台》，弗吉尼亚州工人赔偿委员会，2019年.