Workers' Compensation Law

Can You Work While on Workers’ Compensation?

Short Answer

    Returning to work after a job-related injury can affect your workers’ compensation benefits. Workers’ compensation is a system that provides medical benefits and wage payments to employees injured at work. When you can return to work, your benefits may stop or adjust, especially if you take on light-duty or modified tasks. It’s crucial to report any income earned while on workers’ comp to avoid penalties. If you face issues with your claim, consulting a workers’ compensation attorney is advisable for guidance and assistance.

Workers’ compensation pays for medical bills and wage benefits for injured workers. Once you’re able to return to work, your benefits will generally stop. In some cases, you may receive partial benefits if you can only return to light work or modified work duties.

Eligibility for workers’ comp benefits depends on state law. Each state has its own process for collecting workers’ compensation and appeals. If you have questions about your workers’ comp claim, talk to an experienced workers’ compensation attorney.

What Happens When You Return to Work?

If you’re a worker and suffered an injury on the job, you need medical care and wage benefits. The workers’ compensation system provides medical benefits and payments through workers’ compensation insurance. State workers’ compensation laws cover employees injured in a work-related injury. However, workers’ comp rules and regulations can be strict. You must follow them to get benefits.

Benefits help you cover your expenses when you can’t earn an income. If you can return to work, your eligibility for benefits may change. If you return to work without disclosing it, you could lose your benefits or face workers’ compensation fraud.

Can I Do Part-Time or Temporary Work?

You have to report any income you earn while on workers’ comp. Income includes part-time work, a second job, or gig economy work like rideshare driving. Even if you had a side job while working your primary job, the income from the side job would reduce your workers’ comp benefits.

When you’re ready to return to work, you must immediately notify your state workers’ compensation department. This includes work as an independent contractor or self-employment. When your doctor clears you to return to work, your temporary total disability benefits will generally stop.

Can I Return to Light Duty or Modified Work?

If you can’t return to your usual job, your employer may offer modified job duties or light-duty work. Modified work allows you to continue earning an income. However, a change in work duties can mean reduced income—it’s not the same job.

Sometimes, you can get partial workers’ comp benefits for work that doesn’t pay as much as before the injury. When wages are less than the old job, you may still get temporary partial disability benefits. When you get wages equal to or greater than those earned before the accident, workers’ compensation benefits end.

What Does Workers’ Compensation Cover?

Workers’ compensation covers workplace injuries that occur regardless of fault. As a trade-off, injured workers generally can’t file a personal injury claim. Personal injury claims can include damages for wage loss and medical expenses. But they can also include pain and suffering, emotional distress, and non-economic damages. You can only file a personal injury claim against your employer in limited situations.

Workers’ comp insurance doesn’t cover all workplace injuries. For example, workers’ comp generally does not cover claims if you suffer an injury while under the influence of alcohol or drugs. The insurance company may also deny benefits if your workplace injuries were self-inflicted or you violated company policies.

What Are the Benefits of Workers’ Compensation?

Most employees injured on the job are entitled to benefits that will cover the following:

  • Medical treatment related to the illness or injury
  • Replacement income based on a percentage of the average weekly wage
  • Costs for retraining after the injury
  • Compensation for lost income following a permanent injury
  • Benefits to the surviving family members in the event of a workplace death

Most people only think of workers’ compensation after they have a sudden workplace accident. However, these payments are also for occupational illnesses and injuries that develop over a long period of time. For example, developing carpal tunnel syndrome from repetitive stress can take years. Prolonged exposure to certain chemicals can also cause permanent damage. These workers can also apply for workers’ compensation benefits.

Who Is Covered Under Workers’ Compensation?

Most employees have coverage under some form of workers’ compensation insurance. Employers get workers’ comp coverage through private insurance, state programs, or self-insured approval.

Depending on the state, some employers aren’t required to have workers’ compensation. Other workers, such as federal employees and railroad employees, have their own workers’ comp system.

When Should I Contact a Workers’ Compensation Lawyer for Help?

Workers’ comp programs assist injured workers. However, some workers have their claims wrongly denied. If your employer denies your claim or the insurance company no longer pays for your healthcare, you have the right to appeal. You can appeal the employer’s decision through the state workers’ compensation board. You can also request a hearing.

You have a limited amount of time to request a hearing from your state workers’ comp agency. If you wait too long, the state can deny your claim. Contact a workers’ comp attorney if your employer denied your claim or you aren’t getting benefits. A workers’ compensation lawyer can give you a case evaluation of your workers’ compensation claim. Contact a local workers’ comp lawyer for legal advice in your case.

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