Can I Still Work and Perform My Duties on Workers’ Comp?
Workers’ compensation insurance provides workers certain benefits when they get hurt on the job or have a disability, disease, or illness that was worsened or caused by workplace conditions. Getting injured or sick can disrupt your life and wreak havoc on your finances. These factors usually lead to injured workers wondering whether they can still work even if they are receiving workers’ comp benefits.
Put simply, the answer is no, but there are some exceptions. Keep in mind that workers’ comp insurance is intended to get workers back to work as soon as possible after getting injured or falling ill. This means that in most cases, if a worker can safely perform their job duties, even if they haven’t completely recovered, they will stop receiving workers’ comp insurance payments.
Additionally, even if a worker’s injury prevents them from performing their usual work duties, if they can perform other duties, such as administrative tasks instead of more physically taxing tasks, the employer’s insurer may deny the workers’ comp benefits.
What to Know About Temporary Partial Disability Benefits
There are some instances in which workers will be allowed to work while still receiving workers’ comp benefits. For instance, when the physician says that the worker has been cleared to go back to work, but with specific restrictions, they may qualify for temporary partial disability benefits if they can’t earn 80% of the earnings they were paid because of their injury or illness.
What to Know About Other Jobs and Workers’ Comp Benefits
A lot of people have second jobs to make ends meet. In most cases, these jobs are in a similar industry and nature. Normally, replacement wages are 66% or 2/3 of a worker’s pre-injury weekly earnings and must not be higher than the state’s average weekly wage.
You may be permitted to continue working your second job or look for a different job while receiving workers’ comp benefits, but only if the job won’t worsen your injury or illness. Likewise, if you were injured while doing physically taxing work and you become incapable of doing the same type of work because of your injury, you can take on another job that’s not physically demanding.
For instance, maybe you can work as a customer service representative and attend to customers through phone calls or email. However, you need to report your second or other jobs to your employer’s insurance provider because they will have to consider your extra income and adjust your benefits accordingly. Additionally, the insurer may deny your workers’ comp benefits, depending on their policy.
It is also extremely important to note that if you’re receiving workers’ comp benefits because you’re still not well enough to come back to work and your employer catches you doing other physically demanding work, you can be charged with fraud and face harsh penalties.
Consult with an Experienced Florida Workers’ Compensation Lawyer Today
If you need help with or have any questions about your workers’ compensation claim in Florida, contact the Rosenthal, Levy, Simon & Sosa law firm. Discuss your situation for free with our experienced Florida workers’ compensation lawyer by calling 561-867-3359 or contacting us online.
Much to my surprise not only did they win my lawsuit but I ended up getting 3 times the original amount I was expecting to get! I could not have been more pleased with the staff and the outcome.
If it wasn’t for your help, I know I wouldn’t have been able to win my case. I know that it was far away for you to come to Miami but your professionalism was outstanding. I will always recommend you.