Thursday, December 1, 2022

Can I Start A Second Job While Receiving Work Comp?

Happy Thursday, all! Can you believe it is December? This year has absolutely flown by and Christmas and New Year’s will be here before we know it.

Today I wanted to jump back into the world of Workers’ Comp. An important question many have when discussing work comp. is, “can I start/work a second job while receiving work comp. benefits? I hope to break down this question for you and provide some guidance on how to proceed when you are receiving work comp. Every state handles work comp. claims a little differently, so I will just be focusing on Florida for today’s blog.

- Taking a second job will impact the dollar amount of indemnity benefits you receive. This does not mean that you cannot take a second job, but you need to be aware that there will be an impact on the benefits you are receiving from the workplace where you were injured.

- It is important to remember:

o Your W/C benefits cannot be discontinued because you change your current job. However, a change in income may affect the indemnity benefits you are paid.

o Your W/C benefits cannot be discontinued if you accept a position doing light-duty work that pays a reduced salary. However, indemnity benefits may be reduced in certain circumstances.

o Your W/C benefits cannot be discontinued because you accept a lesser-paying position. However, if you are found to have voluntarily limited your income by refusing employment the benefits could be reduced or stopped.

- What are the reasons to change jobs? There are many reasons a worker may change or take on a secondary job. Here is a couple:

o There is a less demanding job that meets the recommendations the doctor had given about physical restrictions or light-duty work, that pays the same.

o There is a job that pays less but meets the doctor’s recommendation for reduced physical labor and lets you move on with your life.

- Another thing to remember is that any secondary income made when you have filed a work comp. claim and are receiving work comp. benefits MUST be reported. If you do not do so, your claim may be invalidated, or you could be accused of attempting to commit fraud.

- You need to discuss any restrictions or accommodations that you may need with your doctor before starting a second job. While you may want to get back to making a steady income, you need to be sure that doing so will not stop your healing process or injure you further.

- You may even be able to get a new job with your same employer! Another option after you have suffered an injury and filed a work comp. claim is to find a position of employment with your current employer where you can perform modified job tasks or work on light duty.

I hope this blog was informative and helped shed some light on the world of work comp. Please do not hesitate to contact our office or check out one of our other work comp. blog posts should you have any further questions!

Sources: 

https://www.sternberglawoffice.com/can-i-start-a-new-job-while-receiving-workers-comp-benefits-in-florida/ 

https://www.trustedchoice.com/workers-comp-insurance/faq/can-you-work-elsewhere-while-on-work-comp/ 

https://bencrump.com/workers-compensation-lawyer/can-i-change-jobs-while-on-workers-compensation/

**The thoughts, ideas, and contents of this blog do not constitute legal advice in any form. If you have any legal questions, please contact your attorney or our office so that we can assist you further.

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