It isn’t uncommon for workers to consider a career change or look for a new job after suffering work-related injuries. In most cases, injured workers want to find a job in an industry that’s relatively safer than the one they were in. In other cases, they may simply want to change careers, particularly if their injuries prevent them from working the same kind of job they did before getting injured.
In some cases, injured employees that already have a second job may also consider working their other job while recovering from their injury. Whatever your situation, if you’re wondering whether you can work another job while receiving workers’ compensation benefits in Florida, here’s what you need to know.
Factors to Consider When Considering Working While Receiving Workers’ Comp Benefits
You can change jobs or have a second job, even if you’re receiving workers’ comp benefits from your employer. However, doing so will affect the weekly benefit amount you can receive. You also need to be aware of the following factors:
- Your workers’ comp benefits can’t be cut off just because you changed jobs. On the other hand, your employer is under no obligation to keep your job for you, which means that your job may or may no longer have a job to go back to.
- Your employer isn’t legally obligated to give you alternative work.
- As long as your doctor has cleared you for light-duty work or you take another job that pays less, your benefits will not be canceled.
That being said, if you end up working another job while on workers’ comp, you must understand how this could affect the amount of benefits that you may continue receiving. For instance, although you may still collect partial benefits, they will not be the same as when you initially started receiving workers’ comp benefits. In addition, you will stop receiving benefits if your new or second job pays the same rate as your former job.
It’s also crucial to note that you are legally required to report any income you’re earning from a second job or a new job while on workers’ comp. If you fail to report the income you receive from your other jobs, it can be considered workers’ compensation fraud, which is punishable by jail time, fines, and restitution.
Speak to an Experienced West Palm Beach Workers’ Compensation Lawyer Today
The West Palm Beach workers’ comp lawyers of Rosenthal, Levy, Simon & Sosa understand how confusing workers’ comp laws can be, leaving injured workers with more questions and worry than answers and relief about the workers’ comp benefits they are entitled to. Our skilled lawyers have extensive experience with workers’ compensation claims and are ready to guide you through every step of the claims process.
Call 561-478-2500 or fill out our online form to arrange your free legal consultation with one of our West Palm Beach workers’ comp lawyers. You are in no way obligated to work with us after this free consultation, but it may help you better understand your legal options.
On Behalf of Rosenthal, Levy, Simon & Sosa | May 2, 2022 | Workers' Compensation
While Florida workers’ compensation laws generally cover individuals who suffer injuries or illnesses on the job, one state law known as the Heart/Lung Bill provides additional protections to workers who put their lives on the line as first responders. Specifically, the law makes it simpler for firefighters, police officers, and correctional officers to obtain workers’ compensation benefits for cardiovascular disease, hepatitis A, B and C, tuberculosis, and sever all communicable diseases.
Anyone working as a first responder who is suffering from heart/lung issues, hypertension, PTSD, orthopedic injury, disability pension claims, high blood pressure, heart disease, or TB should discuss their rights with a first responder lawyer as soon as possible.
What are Protections Under the Heart/Lung Bill?
In most situations, someone must prove that their injury or illness was a direct result of the course of their employment to obtain workers’ compensation coverage for medical expenses, lost income, and disability. Proving this becomes significantly more challenging when someone has an illness that they might also develop in the normal course of life, such as heart disease.
Under traditional workers’ compensation laws, first responders with Hepatitis A, B or C, or cardiovascular issues would face an extremely uphill battle to obtain benefits. Most insurance companies would easily challenge the connection between the medical condition and their jobs.
However, because these conditions are not uncommon among law enforcement officers and firefighters, the law creates a presumption that if someone in a qualified job develops a heart or lung condition, it is considered to be a direct consequence of their job.
Can Employers or Insurers Challenge this Presumption?
It is possible for your employer or its workers’ compensation insurance company to try to overcome this presumption as it is rebuttable. However, this requires the company to present clear and convincing evidence that there is a non-work-related cause of your cardiac or respiratory disease.
How a First Responder Lawyer Can Help with Heart/Lung Bill Claims
First, an attorney can gather evidence to demonstrate that a worker meets the requirements of the presumption, including:
- They have a qualified profession under the Heart/Lung Bill
- They have a diagnosis of an eligible condition
- They previously passed a physical exam and were free of the condition before beginning employment
- The condition causes partial or total disability
Even after meeting these requirements, insurance companies regularly deny valid Heart/Lung Bill claims. An attorney can address this matter and handle all issues relating to workers’ compensation claims, disability claims, pension, and more.
Speak With a Florida First Responder Attorney About Your Options
The attorneys of Rosenthal, Levy, Simon & Sosa are proud to represent all types of first responders in various claims, including for disability or workers’ compensation benefits, pension issues, and in-the-line-of-duty claims, among others. Contact our office to learn more about the legal services available.