Injured individuals may be able to continue working while receiving workers’ compensation benefits, but the rules differ between states. For example, in Ohio, returning to work can affect temporary total disability benefits, and you generally cannot receive those benefits while working and earning wages.
Kentucky also allows injured workers to return to work, but the effect on benefits depends on the type of workers’ compensation benefits being paid and the worker’s medical restrictions. Before starting a new job or returning to work, review your restrictions and how the change could affect your benefits.
Why Working Another Job Can Jeopardize Your Workers’ Comp Benefits
Insurers view workers’ comp benefits as a replacement for lost wages when you cannot work. If you take a second job while receiving those benefits, it raises questions about whether you are actually unable to work. It can also raise questions about whether your reported work restrictions align with your activities.
If you were working for more than one employer when you were injured, this is considered concurrent employment. Your wages and duties from each job can affect your claim and benefits. Taking a new job after an injury can also affect your eligibility for wage-loss benefits, depending on the circumstances and type of work.
Insurers and agencies review employment records, earnings, work activity, and other evidence to determine if someone accurately reports their ability to work. Insurers will evaluate how the additional employment affects your workers’ compensation claim and whether you are eligible for the benefits you are receiving.
Each state has protections against fraud. Ohio’s Bureau of Workers’ Compensation (BWC) and the Department of Workers’ Claims (DWC) in Kentucky will investigate a case if they suspect benefit fraud.
What if You Already Had a Second Job Before Your Injury?
If you already had a second job before you got hurt, pre-injury concurrent employment is treated differently than a job that you get after receiving workers’ comp. In Kentucky, if the employer who is responsible for the claim knew about another job you held at the time of the accident, wages from both positions may be included when calculating your average weekly earnings.
When applying for benefits, you have an obligation to report any and all income or earnings, regardless of the state you reside in. Failing to disclose a pre-existing second job when you file is one of the most common ways people accidentally commit compensation fraud, which can have serious penalties.
Can You Take Light-Duty or Modified Work While on Workers’ Comp?
If you want to look for extra income while on workers’ comp benefits, jobs that are considered light-duty or modified duty are safer. These carry the least risk of losing your benefits outright.
In Ohio, BWC recognizes transitional, modified, and alternative work for injured employees who cannot yet return to their regular duties. However, the work must match the restrictions documented by your treating medical provider.
Kentucky permits temporary modified duty when the employee’s physician approves it, and the assigned tasks comply with the employee’s medical restrictions. Kentucky’s return-to-work guidance specifically recommends that employers review the worker’s medical restrictions before assigning modified duties.
What if You Refuse Modified Work?
Employers often offer modified work duties after you’ve suffered a workplace injury. Refusing suitable light-duty work can affect your workers’ comp benefits, especially any temporary total disability (TTD) benefits.
In Ohio, you are not eligible for TTD if your employer offers work that fits within your medical restrictions and you are able to perform it. Ohio also has rules about how employers must offer suitable work, including when they must make the offer in writing.
Before accepting or declining modified work, review the duties to see if they align with your doctor’s restrictions. If you are unsure whether a job is appropriate or how refusing it could affect your benefits, talk with your workers’ comp attorney.
How Do States Handle New Jobs While You’re Receiving Workers’ Compensation?
The rules for starting a new job while receiving workers’ compensation benefits depend on the state and the type of benefits you receive.
What Happens if You Get a Brand-New Job While Receiving Workers’ Comp in Ohio?
In Ohio, you are eligible for TTD if your injury prevents you from working. You cannot work and continue to receive TTD for the same time period. The state also offers temporary partial disability, which may apply if you can continue to work, but at a lower capacity because of your injury. Temporary partial disability allows you to continue lower-level work while receiving compensation for a portion of your lost wages.
Lastly, permanent total disability is paid to workers who cannot perform sustained paid employment because of their condition. Before accepting any new position, talk with an attorney and request medical clearance from your doctor.
What Happens if You Get a Brand-New Job While Receiving Workers’ Comp in Kentucky?
Under Kentucky workers’ compensation laws, TTD benefits will be reduced by any earnings from additional work. The state requires you to disclose wages earned after an injury, including those from another employer, as well as information about the job’s physical requirements. Workers receiving permanent total disability benefits who return to work must also notify their employer, insurer, payment obligor, or special fund.
Will Workers’ Comp Find Out if You Take Another Job?
Insurers use several methods to determine whether you are working while on benefits, from wage and Social Security Administration cross-checks to employer reporting and surveillance in contested claims. They may also receive tips from your original employer or coworkers.
Regardless of the methods they use to determine if you have a new job, it is never recommended to attempt to hold a secret position while on workers’ compensation benefits. Doing so can result in a slew of legal consequences, including the following:
- Benefit suspension or termination
- Repayment of benefits
- Insurance investigations
- Fraud allegations
- Criminal penalties, in severe cases
It is always important to adhere to mandated reporting requirements about any work you had or currently hold in the aftermath of a workplace injury.
What Should You Do Before Accepting a New Job While on Workers’ Comp?
- Doctor’s opinion: Get your treating doctor’s written opinion confirming the job duties fit within your restrictions.
- Notify insurer: Notify your claims adjuster about the new position, including the job duties, hours, and pay.
- Talk to your lawyer: Speak with an attorney about how the position could affect your benefits before accepting or signing any paperwork.
Talk to a Workers’ Compensation Lawyer Before Accepting a New Job
Before accepting a new job while receiving workers’ compensation, an experienced Fort Mitchel workers’ compensation lawyer can help you understand how the position could impact your benefits. Our attorneys at Lawrence & Associates can review the new job’s duties, your medical restrictions, the benefits you receive and answer your questions.
Lawrence & Associates has helped many clients resolve their workers’ compensation claims. For example, we helped settle an $11M workers’ compensation case involving a barge worker who was paralyzed after an accident on the job.
We help address reporting requirements before you start working and will push back against unfair accusations from insurers, using our knowledge of workers’ comp laws and a trial-ready mindset. Contact our law office today to schedule your free consultation.
