The question of whether one can carry on working while collecting workers’ compensation benefits comes up frequently.
The answer depends on the type of job involved. Your employer may argue that you should have to go back to your previous position or forfeit your benefits if you are injured at work, file for workers’ compensation, and then acquire a job that is similar to your previous one. However, if it fits your working constraints, you may be able to switch between employment.
Learn what your options are and how to proceed if you are in this situation. If you need the help of an employment law attorney, contact PLBH at (800) 435-7542 right away.
Can I go back to my previous position while receiving workers’ compensation?
You could still be able to perform your previous job if your workplace injury was not serious. You won’t get workers’ compensation disability payments if your employment limits permit this. However, in your workers’ compensation lawsuit, your medical expenses would still be covered.
Employees who have been hurt at work are entitled to benefits under their state’s workers’ compensation program. Workers’ compensation laws differ from state to state. However, you can obtain two main benefits by submitting a workers’ compensation claim under all state laws: your missed pay, as well as any medical costs associated with the work-related illness or impairment.
The workers’ compensation insurance provider for your employer covers missed pay and medical costs
The cost of lost wages is covered by disability payments. These often pay for a percentage of the lost wages as a result of your injury. You are entitled to two-thirds of your average weekly earnings from before your injury, for instance, in California.
You would not be losing money if your doctor did not restrict your ability to work. This may also occur if your prior employment can still be done despite your working constraints. Workers’ compensation would not qualify you to disability payments. Though your medical expenses would still be covered.
Getting workers’ compensation while on light duty
More severe injuries may result in job limitations that do change your role. Your company might have light duties or a temporarily altered work assignment for you in these circumstances. This position has been created to take into account your injury-related constraints. It might, however, be paid at a reduced rate. It might also be part-time or call for less hours. Your income may be impacted by this.
Workers’ compensation disability benefits would result from such lost income. A portion of what was lost would be covered by those temporary partial disability payments until you were able to return to your regular job.
However, being eligible for light duty job may complicate your workers’ compensation claim. Your employer can pressure you to return to the work for which you were initially hired. Your rights can be protected if you have a knowledgeable workers’ compensation lawyer from a reputed law company on your side.
Can I work a second job and still receive workers’ compensation benefits?
When working a second job while injured on one, you may be entitled to workers’ compensation. However, this situation brings about two significant issues. You must disclose the revenue from your second employment to your employer, who may use it as proof that you can return to your first job at full capacity.
The best option is to consult with an employment law attorney who can help you. Reach out to PLBH at (800) 435-7542 now to get started.