Can You Work While Receiving Workers’ Comp?
After getting hurt on the job, many California workers wonder whether they can return to work while still receiving workers’ compensation benefits. Sometimes, you may feel ready to go back at least part-time or in a different capacity. Other times, your employer may pressure you to return before you’re physically able. Understanding your rights and options can help you protect your health, your job, and your benefits.
At Invictus Law, P.C., our Southern California workers’ compensation lawyers represent injured workers throughout Orange County and the Inland Empire, helping them secure and maintain the benefits they’re entitled to under California’s workers’ compensation system. Here’s what you need to know about working while on workers’ comp and how to avoid common pitfalls that could jeopardize your claim.
Returning to Work After an Injury
California’s workers’ compensation system is designed not only to provide financial assistance but also to help injured workers safely return to productive employment when possible. Your ability to work after an injury depends on what your doctor says.
After an injury, your treating physician will evaluate your condition and determine whether you are:
- Temporarily totally disabled (TTD): You cannot work at all while you recover.
- Temporarily partially disabled (TPD): You can work with certain restrictions or in a modified position.
- Permanently disabled: You have lasting limitations that may prevent a full return to your prior job.
If your doctor clears you for light duty or restricted work, your employer may offer a modified or alternative job that accommodates your medical restrictions. This might involve reduced hours, less physical activity, or different job responsibilities.
If you accept suitable modified work, you may still be entitled to temporary partial disability (TPD) benefits to make up for the loss of income if you’re earning less than before your injury.
When You Can Work and Still Receive Benefits
You can work and receive workers’ compensation benefits at the same time, but the type and amount of benefits depend on your situation.
If you’re working in a modified or light-duty position that pays less than your previous job, you can typically continue to receive partial wage-replacement benefits. The goal is to ensure you don’t lose income just because your injury limits your work capacity.
If you return to full-duty work at your regular pay rate, your temporary disability payments will likely stop. However, your employer (or their insurance company) must continue to cover your medical treatment for the work injury as long as your doctor says it’s necessary.
What If You Can’t Work Yet?
If your doctor determines that you cannot safely return to work in any capacity, you should continue receiving temporary total disability (TTD) benefits until you’re cleared to return or your condition becomes permanent and stationary.
Sometimes, employers or insurance carriers pressure injured workers to go back before they’re ready. Doing so can make your injury worse and complicate your claim. If you disagree with the doctor chosen by your employer or insurer, you have the right to request a qualified medical evaluator (QME) to provide a second opinion.
An experienced workers’ compensation attorney can guide you through this process and ensure your medical restrictions are accurately represented.
Working Somewhere Else While on Workers’ Comp
A common question is whether you can take another job—perhaps part-time or in a different field—while receiving workers’ comp. The answer depends on your medical restrictions and whether the new work is compatible with them.
If the new job violates your doctor’s restrictions, it can put your health at risk and damage your credibility. If the work is within your approved limits, you may be able to do it, but you must report all income to the insurance company. Failing to disclose outside work or earnings can be considered workers’ compensation fraud, which carries serious penalties, including loss of benefits and even criminal charges.
If you’re considering another job or side work while on workers’ comp, talk to an attorney first. Invictus Law can help you assess your situation and make sure your rights remain protected.
When Your Employer Can’t Offer Modified Work
Not all employers can accommodate medical restrictions. If your doctor says you can perform light-duty work but your employer doesn’t have any suitable positions available, you may continue receiving temporary disability benefits.
In some cases, if your recovery reaches a point of permanent partial disability, you might qualify for a Supplemental Job Displacement Benefit (SJDB), which is a voucher you can use for retraining or skill development to help you find new employment that fits your medical limitations.
Protecting Your Benefits and Your Future
The return-to-work process can be one of the most confusing parts of a workers’ compensation claim. You want to get back to earning a living, but you don’t want to risk your recovery or lose benefits you’re entitled to.
A skilled workers’ compensation lawyer can help you balance these goals. At Invictus Law, we ensure our clients understand their doctor’s work restrictions, verify that employers comply with those restrictions, and step in if the insurance company tries to terminate benefits too soon.
Whether you’re cleared for light duty, facing pressure to return early, or unsure how new employment might affect your claim, our attorneys can give you the guidance and representation you need.
Talk to Invictus Law, P.C. About Your Southern California Workers’ Compensation Claim
Working while receiving workers’ comp is possible in some circumstances, but it must be done carefully and with full transparency. The wrong move could cost you your benefits or even your job.
If you’ve been injured on the job and have questions about your work status, restrictions, or ongoing benefits, Invictus Law, P.C., is here to help. From our offices in Orange and Ontario, we represent injured workers across Orange County and the Inland Empire. Contact us today for a free consultation and let us help you protect your health, your rights, and your financial security.
