Can I work while on Workers Comp?

Is it possible to work while I am under Workers Comp care?

Workers Compensation benefits are there to cover medical bills and provide lost wage replacement while the injured worker is unable to work.

In some cases, a person who is collecting workers’ compensation benefits is able to work in some capacity. A claimant may return to work likely to earn some additional income. If you are currently receiving workers’ comp benefits and have are thinking of working again, you may be curious to know whether or nor you can go back to work again.

Can I Get ANOTHER Job While I’m Receiving Workers’ Compensation Benefits?

You do have a right to work for ANOTHER employer, but there are consequences to your workers comp claim. If you begin working for another employer, your weekly workers compensation benefits could be completely cut off depending on how much you are earning from this new employer. If you work part time, you may still be able to receive workers comp weekly checks but it will be limited as the workers comp insurance carrier will take a credit for the hours you are working. So lets say you used to make $1000 a week prior to your injury, and now post injury you are working for a different employer making $600 per week. Well, the insurance company is only obligated to pay 70% of the $400 difference.

One thing you must be cautious of is that a new job could convince the workers' comp insurance company that you are exaggerating your injuries and give them a reason to deny your benefits. So lets say you go back to work with another employer but the job demands of that job are very similar to the job you did when you got hurt. Well, by performing job duties similar to the job you had when you got hurt, this tells the insurance company that you may not be as hurt as you claim you are. Its important to note that if you decide to go back to work, that you find a job within your doctors restrictions. Performing work beyond your doctors restrictions, can significantly hurt your case.

What if I Was Working at a Second Job When I was Injured?

There are times when an injured worker was working 2 jobs at the time of injury. If you were working at a second job while you were injured at another company, you may be able to return to that job as long as your physical condition allows. This means that you should only return to that second job if it fits within your doctors restrictions. You should notify the workers compensation insurance company of your second job when you file your workers’ compensation claim. If it’s possible to take off time from that second job, that may be the better route to allow time for you to recover fully from your injuries.

Returning to Your Previous Job

The company that you worked for at the time of your injury may offer you “modified work”. In a modified work situation, you would likely work in a different position at the company while you recover from your injuries or return to your previous position but in a more limited capacity. Some employers may offer modified duty but they do not have to offer it. You may want to ask your employer if they offer modified duty.

At the office of Christopher Le- Workers Compensation Attorney, our lawyer is committed to representing work injury victims. Attorney Le is available to answer your workers’ compensation questions and help you with your claim.