Can I Work While Receiving Workers Compensation?

May 28, 2019 | Worker's Compensation

The sole purpose of worker’s compensation is to provide employees that are injured on the job with benefits to support themselves during their recovery, or if they are disabled by their workplace injuries, to compensate for present and future lost wages. When a person recovers from their injuries and returns to work, worker’s compensation benefits cease. If you are unsure whether you are eligible to return to work after a workplace accident, or if you can have a second job, hiring an experienced lawyer can determine your eligibility and offer valuable information on the workers’ compensation process.

Can I Have a Second Job While Receiving Workers Compensation?

If you can’t work because of injuries that were caused in a workplace accident, workers’ compensation benefits can offset the cost of any financial hardships you have. If you had a second job before your workers’ comp accident that you are no longer able to perform, the workers’ compensation that you receive should reflect that loss. However, if you are interested in getting a second job after your accident happened and you are receiving worker’s compensation benefits, this isn’t possible. If you can reasonably return to your job or find an alternative means of employment after your accident, it can be determined that you no longer need assistance from worker’s compensation benefits.

What Does Workers Compensation Cover?

Worker’s compensation laws vary from state to state, but typically they allow for injured employees to recover damages such as medical expenses and lost wages that stemmed from a workplace accident. In some states though, such as Georgia and Missouri, employees that are injured while on the job could be eligible to recover compensation for rehabilitation costs, disability benefits for permanent workplace injuries, and survivor benefits. Generally, the amount of workers compensation benefits that an employee is eligible to recover weekly is determined by the type of disability they have. The four categories of disability include:

  • Temporary total disability – each state has a limit for how long employees can receive TTD, but in general, it’s around 104 weeks, and equal to 2/3 of the employees average wages
  • Temporary partial disability – if an employee is partially disabled, they can still do their job in some capacity, and are expected to recover – generally, they are eligible to receive 60% of their weekly wages
  • Permanent total disability – most states cap weekly benefits at $1,000/week, but in some states, an employee is eligible to recover up to 2/3 of their pre-injury weekly wages
  • Permanent partial disability – can range between 3% to 80% of an employees wages, and be distributed in a lump sum, or weekly amount for a specified amount of time

If you are unsure what type of benefits are eligible for recovery in your state for worker’s compensation accidents, hiring an experienced lawyer is the best option. A Workers Compensation Lawyer knows the ins and outs of your state’s workers comp laws, the most effective tactics for winning your case, and can offer support to you and your family during this difficult time.

Can An Employee Receive Workers Compensation If They Return to Work?

If an employee is eligible to receive worker’s compensation benefits, it’s due to their inability to perform the full daily functions of their job. In situations that involve a temporarily disabled employee, if they recover from their injuries, they are no longer eligible to receive worker’s compensation. During the time that an injured employee is recovering from a worker’s comp accident, their employer will maintain regular contact with their treating doctor. If at any point the treating physician believes that the employee can reasonably return to work, they’ll notify the employee’s employer with a return to work letter. However, if they recover from their injuries and find that they can no longer perform their pre-accident job, in most states, an employer is required to provide rehabilitation services to the employee, training, and other resources to help the employee transition into a more comfortable position.

Talk to a Workers Compensation Lawyer Today

If you are receiving worker’s compensation benefits, but are unsure if you are eligible to work while receiving benefits, it’s essential to speak with a lawyer about your case. There are various types of workers compensation disabilities, and workers comp laws vary for each state, so while in some states you could be eligible to recover temporary partial disability and still work, in others, this isn’t a possibility. Hiring an experienced Workers Compensation Lawyer to represent your case offers a personal assessment of your situation and ensures that you have someone on your side that has extensive knowledge of your state’s complex worker’s compensation laws.

If you or someone you love has been injured in a worker’s compensation accident, and you need a lawyer, call (314) 208-2808, or contact the Dixon Injury Firm today to schedule a free consultation with our Workers Compensation Lawyers and discuss the options available to your case.