What Happens If You Get Caught Working While on Workers' Comp?
On Behalf of Rosenthal, Levy, Simon & Sosa | February 23, 2023 | Workers' Compensation
Dealing with a work injury can be overwhelming for many reasons. A work injury can significantly disrupt your daily routine, impact your mental health, and affect your finances substantially. Because of these factors, injured workers may wonder whether they can work another job for another employer while collecting workers’ compensation benefits.
Depending on your specific injuries and circumstances, it may be possible for you to continue working. When you are collecting workers’ compensation benefits in Florida, you must understand your legal rights and responsibilities as well as the consequences of getting caught when receiving workers’ comp benefits.
Am I Allowed to Work Another Job While on Workers’ Comp in Florida?
Generally speaking, no. Keep in mind that you are receiving workers’ comp benefits from your current employer because you’re injured and cannot perform your normal job duties. This applies even if the job is less physically demanding or labor-intensive than your main job, has shorter hours, or is under a completely different industry.
Being physically capable of working another job means that you can go back to your current job or find another job with another employer. Your employer may argue that your second job’s responsibilities are evidence of your capability to perform your primary job duties. In this case, your employer may cut off your benefits.
If you already had an existing second job or part-time job when your work injury for your main employer occurred, your employer’s workers’ comp insurance may partially or completely cover the losses from your second job. When considering working a second job while on workers’ comp or when you file your claim, you must also know that you must report in your claim any income you gained while recovering from your work injury.
What If My Employer Caught Me Working Another Job?
You are legally obligated to report all additional income you are earning if you’re receiving workers’ comp benefits. If your employer’s insurer determines that you have another income stream and are not reporting it, they can take your benefits away and bring legal action against you. If you are caught working another job while collecting benefits, you may face the following consequences:
- Your benefits may be cut off because working another job shows that you are not that injured or disabled to go back to work for your main employer.
- You may need to reimburse the insurance company for inaccurately paid workers’ comp benefits.
- You may need to pay hefty civil fines for insurance fraud because you misrepresented the severity of your work injury and ability to work.
- You may face criminal charges for insurance fraud, which can include criminal fines and imprisonment.
Consult With an Experienced Port St. Lucie Workers’ Compensation Lawyer Now
To discuss your claim with an experienced Port St. Lucie workers’ compensation lawyer, call Rosenthal, Levy, Simon & Sosa at 772-878-3880 or reach us online. Learn the best options for your specific situation and how you can protect yourself against actions that might impact your claim in a free consultation with our Port St. Lucie workers’ compensation lawyer.
Don’t wait - get an experienced attorney on your side to help you with everything that comes next so you can get the compensation you deserve or the advice you need when you need it most.