Have you ever had such an unfortunate instance of being injured while working and then start receiving workers’ compensation? But now, you are curious to know what employment options are available out there and when you can begin work. Hardly anyone escapes this predicament! Mostly, injured workers find themselves trapped in this conflict of “Can you work while on workers’ comp in California?” and it brings them hope and assurance of trying to recover with self-sufficiency.
As a workers’ compensation law office, we have seen firsthand how this situation generates confusion and anxiety. The time has come to address the elephant in the room! Injured employees are concerned that receiving any type of work will jeopardize their compensation benefits. Anyone in this situation would think that they could go broke if they remain entirely inactive and do not work for a long time.
Let us break the ice and dive into this complex topic together, answering questions such as, “Can you get another job while on workers’ comp, or can you work another job while on workers’ comp without suffering legal repercussions?”
Every injured employee must understand some rules and nuances of the California workers’ compensation system before choosing to work again.
What Exactly Is Workers’ Compensation in California?
But before you even start asking about employment, you should know what workers’ compensation is all about in California. According to the Workers’ Compensation Act, employers must pay benefits for work-related injuries or illnesses suffered by their employees. The benefits generally include:
- Health treatment in case of any injury owing to work:
- Temporary disability benefits usually amount to 66% of pre-injury wages.
- Permanent disability benefits are received if the injury has permanent consequences.
- Supplementary job dislocation benefits.
- Death benefits for dependants of workers who are deceased as the result of a work-related cause
The California Division of Workers’ Compensation oversees this system, ensuring that injured workers receive appropriate benefits while protecting employers from excessive liability claims.
Can You Work While on Workers’ Comp in California?
This question hits the nail about what most injured workers want to know. The straightforward answer is it depends on your medical restrictions and the type of benefits you’re receiving.
If your physician has placed you on temporary total disability (TTD), this means you’re medically unable to perform any work at all. In this case, working could violate medical restrictions and potentially constitute fraud.
However, if you’ve been cleared for modified or light-duty work, you can work while on workers comp, provided the work falls within your medical restrictions. This is where it gets nuanced:
- Your primary treating physician determines your work restrictions
- These restrictions must be honored by any employer
- Your benefits may be adjusted based on your earnings
Under California Labor Code Section 4656, temporary disability benefits are intended to replace lost wages when you cannot work due to your injury. If you return to work, even modified duty, your TD benefits will likely be reduced accordingly or stopped if you’re earning your pre-injury wages.
Can You Quit a Job While on Workers’ Comp?
While injured workers are recovering, they may wonder, “Can you quit a job while on workers’ compensation?” The short answer is yes; you can legally resign while receiving workers’ compensation benefits.
The decision can significantly influence your benefits, especially if your employer has offered modified or alternative work within your medical restrictions. As per California Labor Code Section 4658.6, if you should reject an appropriate offer of modified work, you may be disqualified for supplemental job displacement benefits.
Also, resigning without a written cause associated with your injury could be perceived as you being capable of working, which may lead to an examination of your disability benefits. The most important things to consider before resigning are:
- Whether your employer is accommodating your medical restrictions
- How quitting might affect your various benefits
- Whether you have other employment prospects within your restrictions
- The status and stage of your workers’ compensation claim
It’s generally advisable to consult with a workers’ compensation attorney before making this significant decision, as the implications can be far-reaching.
Is It Possible to Get Another Job While Receiving Benefits?
Individuals who feel financially stressed when recovering from an injury often ask the question, “Can I get another job while I am on workers’ comp?” The legal answer is “yes,” you can find a new job while you are on workers comp if you:
- Notify your Workers’ Compensation Claims Administrator
- Ensure that the new position conforms to your medical restrictions
- Understand how the new income will impact your benefits.
Under California Labor Code Section 4453, temporary disability benefits are calculated based on wages lost due to the injury. If you begin earning wages from a new employer, your TD benefits will likely be adjusted to account for this new income.
The Voucher Training Benefit (SJDB) under Labor Code Section 4658.7 might still be available to you if your original employer doesn’t offer suitable modified work, even if you find employment elsewhere.
Working While on Workers’ Comp: The Legal Framework
When an employee is on a workers’ compensation benefit and chooses to work again during that window frame, he must also adjust to California’s legal structure. The significant rule is all about transparency: the treating physician or claims administrator must know where work is being done.
The legal framework includes:
- Labor Code Section 3700, which establishes the requirement for workers’ compensation insurance
- Labor Code Section 139.2, governing qualified medical evaluators who assess work abilities
- Labor Code Section 4600, which covers medical treatment guidelines
- Labor Code Section 132a prohibiting discrimination against workers who file claims
It’s worth noting that misrepresenting your work status while receiving benefits could potentially violate Labor Code Section 1871.4, which addresses workers’ compensation fraud. This doesn’t mean you can’t work—it simply means you must be honest about your employment activities.
Can I Work Another Job While on Workers Comp Without Complications?
Most injured workers ask, “Can I work a second job while on workers comp without getting into legal trouble?” The answer is based on the consideration of several factors:
First, any new employment must be within your medical restrictions. If your doctor has limited you to sedentary work with no lifting over 10 pounds, your new employment must comply with these restrictions.
Secondly, you must report income to the claims administrator. Under California Code of Regulations Title 8, Section 10133.31, you must report income that may impact your eligibility for benefits.
Lastly, claiming that you are too injured to perform the same tasks at your current job while acquiring a physically strenuous job can trigger fraud investigations. Your intention should be to remain consistent between what you say you can’t accomplish as a task and what you really pick for as a job.
What Types of Work Comp Jobs in California Are Available?
For those searching for “work comp jobs in California” or wondering “when can you begin work” after an injury, several options might be available:
These types of programs like the Return-to-Work Supplement Program (authorized by Labor Code Section 139.48) might provide greater financial aid as you transition to proper work.
The California Department of Industrial Relations offers resources for employees and employers who want to coordinate their return to work, including job descriptions based on typical work restrictions.
Can I get a new job while on workers’ comp without risking my benefits?
This is a legitimate concern because changes in your employment status can impact your entire claim.
The Subsequent Injuries Benefits Trust Fund (SIBTF) established under Labor Code Section 4751 might provide additional benefits in some cases where workers with previous permanent disabilities suffer new injuries.
It’s important to remember that returning to work in some capacity often supports better overall recovery outcomes, according to medical research and the American College of Occupational and Environmental Medicine guidelines.
When Can You Begin Work After a Workplace Injury?
The issue of when you can start work following an on-the-job injury is largely based on your progress. Your treating physician will decide:
- When you can go back to work safely
- Which limits are imposed on your work activity
- Whether your return needs to be gradual or instantaneous
- What accommodations could be required
Under California’s utilization review process (Labor Code Section 4610), these determinations follow evidence-based medical guidelines. Your physician might approve a return to:
- Full duty (your usual job without limitations)
- Restricted duty (your regular job, but with limitations on what you can do)
- Transitional Duty (completely different jobs)
The timing depends entirely on your specific injury, recovery progress, and the nature of available work. Some workers return within days or weeks, while others may require months of recovery before any work is medically appropriate.
Conclusion: This is how you should proceed!
When exploring employment opportunities while on workers’ compensation, it is essential to evaluate both legal and medical factors of your situation closely. Our summarized advice can be found below:
- Yes, you can return to work while receiving workers’ comp in California, as long as the job is within your medical restrictions
- You can leave a job while receiving workers’ comp, but the choice could have serious consequences for your benefits
- You are allowed to work another job while receiving workers comp, but honesty with everyone involved is necessary
- All job decisions must be made with regard to your medical limitations and rehabilitation objectives
As a law firm dedicated to aiding workers and protecting their rights, we recommend that you contact an attorney before making any decisions related to your employment while receiving workers’ compensation. The use of employment law can be complex with the intersection of workers’ compensation law, so personalized and individual legal support is critical to protecting your rights while doing what matters most – focusing on your recovery and future.
Keep in mind that every situation is different, and the general information shared here needs to be augmented with guidance tailored to your situation. Our doors remain open for those who are going through these difficult waters, and we’re dedicated to assisting injured workers in knowing their rights and entitlements throughout the recovery process.
FAQs
1. Can I really work at all while receiving workers’ compensation benefits?
Yes, you can work while on workers’ comp in California, but only if the work falls within your doctor-prescribed medical restrictions. Your physician will provide specific “work restrictions” outlining activities you can and cannot perform. Whether at your original employer or elsewhere, you must follow these restrictions. Importantly, you must report any income to your claims administrator to avoid potential fraud allegations.
2. Will I lose all my benefits if I take another job while on workers’ comp?
No, not all benefits. Your medical treatment will continue regardless of employment status. However, your temporary disability payments will likely be adjusted. If your new job pays less than your pre-injury wages, you might receive partial disability to make up some difference. If you earn the same or more, temporary disability payments typically stop. Your permanent disability rating and potential settlement shouldn’t be directly affected by new employment.
3. Do I have to tell my current employer if I get another job while on workers’ comp?
Yes, transparency is essential. You should inform both your claims administrator and current employer about new employment. Your employer might have a return-to-work program that could accommodate your restrictions, and refusing suitable modified work can impact certain benefits. Attempting to hide new employment could seriously jeopardize your entire workers’ comp case.
4. What happens if my doctor says I can’t work at all, but I feel able to do some types of work?
If you’re on temporary total disability but feel capable of some work, discuss this with your physician first. Request a reevaluation of your restrictions based on your current condition. Working against medical restrictions could harm your recovery and jeopardize your benefits. The claims administrator might argue that your ability to work shows your disability benefits were unwarranted. Work with your doctor to adjust restrictions as you improve.
5. Can I start my own business or do freelance work while on workers’ comp?
Yes, self-employment or freelance work is possible while on workers’ comp, with the same requirements as traditional employment. The work must stay within your medical restrictions, and all income must be reported. Be aware that self-employment income can be harder to document clearly, sometimes leading to additional scrutiny. Many injured workers find that freelance work offers more flexibility to accommodate their restrictions, like creating custom workstations or taking breaks when needed.
