If you’ve suffered an injury or illness on the job, you might have difficulties handling the same work duties you were able to perform prior to getting hurt. However, you still may have the capacity to perform some other kind of work that can pay you the additional income you need to make ends meet. If you wish to work while receiving workers’ compensation, it’s important to first learn about your legal rights and obligations so you don’t risk losing your benefits.
At the Law Offices of William F. Underwood, III, P.C., our attorneys understand how complex the workers’ compensation system can be for an injured worker simply trying to get back on track. Our firm strives to give you peace of mind throughout the workers’ compensation process by ensuring you fully understand your rights and do not make any mistakes to jeopardize your benefits.
If you have questions about the workers’ compensation process, we are here to help. Contact us for a free, confidential consultation. We’ll explain what you can and cannot do while on workers’ comp and make sure your rights are protected.
What You Need to Know About Light-Duty Work
After suffering a work-related injury or illness, you may be able to perform certain kinds of work subject to restrictions or limitations. Your employer may choose to offer you light-duty work. Light-duty work may take the form of reduced hours in your old job, modifications of the duties and requirements of your old job, or a different position with your employer that offers duties that fall within your limitations and restrictions.
Although your employer is not required to offer you light-duty work or an alternative position while you receive workers’ compensation benefits, many employers choose to do so to enable employees to continue contributing to the company.
You should know: If you refuse a light-duty assignment that falls within the restrictions or limitations communicated by your treating medical provider, your employer may have the right to terminate your workers’ compensation benefits. Talk to a workers’ compensation attorney as soon as possible if you believe you are not ready for the light-duty work your employer is assigning you.
What You Need to Know About Having a Second Job While on Workers’ Comp
If you already have a second job when you suffer a work-related injury or illness, you may, under certain circumstances, be entitled to continue working at your second job while collecting workers’ comp benefits from your other employer. However, the duties of your second job must not aggravate your existing work injury or occupational illness.
You may also choose to seek a second job with duties consistent with the restrictions and limitations of your work injury or illness.
You should know: The financial benefits you receive from workers’ compensation from your main employer may be adjusted to reflect the income you earn from a second job. If you continue working at or take on a second job more physically demanding than the job you are receiving workers’ comp for, your employer may declare you fit to return to your main job and terminate your benefits. Or worse, your employer could accuse you of committing fraud.
It’s best to consult with an experienced attorney if you have questions about taking a second job while on workers’ comp.
What You Need to Know About Changing Jobs While on Workers’ Comp
If you change jobs while on workers’ compensation, it may have an impact on the benefits you receive. You may remain eligible to continue receiving medical benefits, wage replacement benefits, or permanent partial disability benefits if you go to work in a new job that pays you less than you were earning prior to your work injury or occupational illness.
You should know: Your old employer may have the right to terminate your wage replacement or disability benefits if you end up earning more income at the new job. Or your employer may terminate your rights altogether if you go to work in a new job that is more physically demanding than your old job or whose job requirements exceed your alleged limitations from your work injury or occupational illness.
Tips for Protecting Your Rights While on Workers’ Compensation
If you are receiving workers’ compensation benefits, you should remember these tips to help protect your legal rights and eligibility to continue receiving benefits and compensation:
- Follow all treatment recommendations and instructions you receive from your treating provider. This includes getting the rest you need to recover. If you fail to follow your treatment plan, your employer may decide that you can return to work and terminate your workers’ compensation benefits.
- Be honest about your symptoms. You do not need to exaggerate how you are feeling, but nor do you need to minimize any pain or discomfort you experience. If you do not mention any symptoms, pain, or discomfort, your treating providers may conclude that your injury or illness has resolved and clear you to go back to work before you are truly ready.
- If you work a second job or seek other employment while receiving workers’ compensation benefits, let your employer know. Even if you can perform that other job within the physical limitations imposed by your work injury or occupational illness, if you are caught, your employer may accuse you of workers’ compensation fraud.
- Talk to a trusted workers’ compensation lawyer before you do anything that could jeopardize your benefits. Our attorneys are always available to answer questions and help you understand your options.
Contact a Skilled Workers’ Compensation Attorney Today
If you have been injured on the job, contact a knowledgeable Albany workers’ compensation lawyer at the Law Offices of William F. Underwood, III, P.C., for a free, no-obligation consultation. We can help you understand your rights and options for continuing to work while receiving workers’ compensation benefits.
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