Can I Work and Still Collect Workers’ Compensation?

Can I Work and Still Collect Workers’ Compensation?
by Karl Voigt

If you have had a work injury, even a minor one, your doctor may prescribe physical limitations that prevent you from doing your regular job. These may be temporary or they may be permanent.

Our clients often ask us if they can go back to work after a work injury, either with their injury employer or with a new employer.

First and foremost, there is no technical legal obligation to return to work unless your employer offers you suitable employment. If you are offered suitable employment within your physical limitations, and you return to work, your workers’ compensation wage loss benefits will either be stopped or reduced. If you return to work and making equal to or more than what you used to make before the injury, your benefits will be suspended. If your wages are less than your pre-injury average weekly wage, you should be paid 2/3 of the difference between what you used to make and what you gross now. These benefits last for 500 weeks, or about 9 1/2 years.

Naturally, you are welcome to return to the workforce at a different employer, although you should most definitely consult with an experienced workers’ compensation attorney before doing so. There could be severe consequences to your claim. It’s always best to make an informed decision.

Prince Law Offices will be happy to monitor your earnings after any return to work to make sure you are being paid the correct amount.