For most people who are receiving workers’ compensation, they would rather not be. They would prefer to be healthy and working over unhealthy and not working. If you’re in the same situation, then you’re probably wondering how you can get back to work and keep your workers’ compensation benefits, especially if your employer is either not able to offer you alternative work or terminated you because of the accident.
Can you start a new job while receiving workers’ compensation benefits? Yes, if you are at-will employed, then you can always quit one job and start another without legal consequences. Your new job won’t cancel your workers’ compensation benefits if you accept light-duty work that pays less than what you made at your previous job.
It is important that you understand the extent of your injuries and how your treating physician believes they limit your ability to work. If you take a new job that requires you to act outside of the treating physician’s orders, then your workers’ compensation benefits will likely be canceled. Also, as mentioned, if you make more money at the new job, regardless of what your duties are there, then the insurance company providing your workers’ comp benefits can move to have those benefits canceled early.
More Money, Fewer Benefits
Your workers’ compensation benefits cannot be canceled if you get a new job at a different company. This word choice is intentional. While your benefits cannot be canceled, they can and will be reduced. Typically, your pay benefits will become two-thirds the difference between your pre-injury wages and your new wages.
For example, you are making $1,000 a week at your job when you suffer a serious injury that prevents you from returning to work there. Your workers’ comp benefits include wage replacements of $667 a week. You get a new job that pays you $700 a week for light-duty and medically approved work. Your workers’ comp benefits are then reduced to $200 a week or two-thirds the pay difference of $300.
However, this pay rate is not guaranteed. You could receive different and lower pay, based on the details of your case. You should always consult with an experienced workers’ compensation attorney in your area to understand the full extent of your potential benefits, and whether it is even financially sound to seek new employment if that would jeopardize your benefits too much.
Injured workers in San Diego can come to Leigh Law Firm for comprehensive legal assistance and guidance for their workers’ comp claims. Dial (619) 473-7569 now to request a free consultation with our team of attorneys. If you are looking for a San Diego workers’ compensation attorney, please contact us now!
Injured workers in Los Angeles can come to Leigh Law Firm for comprehensive legal assistance and guidance for their workers’ comp claims. Dial (619) 473-7569 now to request a free consultation with our team of attorneys. If you are looking for a Los Angeles workers’ compensation attorney, please contact us now!