Is Working While On Workers’ Comp Illegal?

Getting injured at work can be difficult enough without having to worry about losing your benefits. If you want to work while on workers’ compensation, it’s pretty important that you understand the laws around it. A misstep could lead to terminated benefits or even criminal charges.

However, with proper precautions, you can supplement your income without jeopardizing your claim. Let’s see how you can go about that but first, what’s workers’ compensation?

Understanding Workers’ Compensation

Workers’ compensation insurance provides injured employees with partial wage replacement and covers medical treatment related to workplace injuries and illnesses. It is a no-fault system, meaning workers do not have to prove employer negligence to receive benefits.

Employers are mandated to carry workers’ compensation insurance in all states. When an employee sustains an on-the-job injury, they file a claim with the employer’s insurer to receive benefits like income, death benefits for fatalities, and funding for medical treatment and physical rehabilitation.

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Can You Work While Collecting Workers’ Comp Benefits?

In many cases, it is permissible to work another job while collecting workers’ comp. However, you must follow your state’s guidelines closely to avoid having your benefits terminated.

For instance, if your doctor says you can perform modified work duties, your employer may offer you light-duty work instead of temporary total disability payments. Accepting this offer may be required to keep receiving benefits.

You also may be allowed to work another job if it meets your medical restrictions and does not interfere with your recovery and authorized treatment plan. However, you must report any income earned to your claims adjuster, as it may reduce your benefit amount.

Problems With Working While on Workers’ Comp

Working while collecting workers’ comp without approval can have serious consequences. Here are some potential issues:

• Your benefits may be terminated for making a false claim if you are discovered working by claims investigators during a period you reported being unable to work.
• You may be accused of fraud and face civil or criminal prosecution if you intentionally hid employment to collect benefits you were not entitled to.
• Earnings from unreported work can be deducted from your benefits, even retroactively resulting in an overpayment you’ll have to repay.
• Engaging in activities beyond your medical restrictions could negatively impact your case and causation arguments.

Consult With an Attorney

Because each workers’ comp claim is pretty subjective, it is wise to consult with a workers’ compensation attorney before taking outside employment. An attorney can help you understand how working affects your specific benefits.

They’ll also report earnings properly to avoid benefit reductions or overpayments and amend work restrictions if your condition improves. An experienced lawyer can also represent you if your employer disputes your claim eligibility based on your work activities.

They can furthermore help gather evidence showing you complied with the law and did not commit fraud. This can preserve your right to benefits even if disputes arise.

Working While on Workers’ Comp

Receiving workers’ compensation wages and medical benefits can provide vital support while you recover from an on-the-job injury. However, if you choose working while on workers’ comp, be sure to consult your claim representative and follow state guidelines to avoid potential legal and financial issues. An attorney familiar with workers’ comp laws can help you figure it all out to ensure your rights and access to benefits remain protected.

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