Your Duty to Market Your Residual Work Capacity After a Work Injury in Virginia

After a workplace injury, many employees assume that if they are unable to return to their regular job, their workers’ compensation benefits will continue without issue. In Virginia, that is not always the case.

If your treating physician places you on light-duty or restricted work, you may have an ongoing obligation to “market” your residual work capacity—in other words, actively look for work within your medical limitations.

Failing to meet this requirement can result in your benefits being reduced, suspended, or denied altogether.

When the Duty to Look for Work Applies

This obligation typically arises when:

• You are unable to return to your pre-injury job
• Your doctor has given you work restrictions (such as sedentary or light-duty only)
• Your employer does not provide suitable work within those restrictions

In these situations, the Virginia Workers’ Compensation Commission expects you to make a good-faith effort to find employment that fits within your capabilities. (If you are already covered by an Award Order, in most instances this duty to market may not apply.)

This requirement can apply whether:

• You are already receiving benefits, or
• Your claim has been denied and you are waiting for a hearing or investigation

Simply put, waiting at home without making an effort to find work can put your case at risk.

What “Marketing” Your Work Capacity Actually Means

Marketing is not a vague concept—it involves specific, ongoing actions.

In most cases, you should be:

• Making at least five job contacts per week
• Applying for positions that fall within your medical restrictions
• Registering with the Virginia Employment Commission
• Searching job listings online and in your local area

Just as important as making the effort is documenting it.

Keeping a detailed job search log—including dates, employers, positions applied for, and outcomes—is essential. Without that documentation, it may be difficult to prove that you satisfied your obligation.

Why Documentation Is Critical

The Commission does not simply take your word for it—you must be able to show your efforts.

If you cannot produce a job search record:

• The insurance carrier may argue you did not comply
• Your benefits may be suspended without advance warning
• You may lose entitlement to back (past-due) benefits

Even if you were otherwise eligible for compensation, failing to properly document your job search can prevent you from recovering what you are owed.

A Common Mistake Injured Workers Make

One of the most frequent issues arises when injured workers assume that because:

• They are in pain, or
• Their employer has not offered them work, or
• Their claim is still being reviewed

…they are not required to look for employment.

In Virginia, that assumption can be costly.

Unless your doctor has taken you completely out of work—or your situation falls under a specific exception—you are generally expected to continue marketing your ability to work within your restrictions.

Protecting Your Benefits During This Process

Marketing your residual work capacity is not just about checking boxes—it is about protecting your right to ongoing compensation.

To avoid problems:

• Follow your doctor’s restrictions closely
• Apply only for jobs you are physically able to perform
• Keep consistent, weekly records of your job search
• Be prepared to present that documentation if requested

Small gaps or inconsistencies in your efforts can be used to challenge your entitlement to benefits.

Speak With a Virginia Workers’ Compensation Attorney

The duty to market is one of the most misunderstood and frequently contested issues in Virginia workers’ compensation cases. Many otherwise valid claims are denied or reduced because of mistakes in this area.

If you are unsure whether you are meeting the Commission’s requirements—or if your benefits have been impacted—it is important to address the issue quickly.

The attorneys at Inman & Strickler P.L.C. have extensive experience guiding injured workers through the marketing process and defending claims when disputes arise. They can help you understand your obligations, avoid common pitfalls, and protect your right to compensation.

Contact their office today to discuss your situation and ensure your claim remains on solid ground.