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Can You Work While On California Workers' Comp?

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Imagine you're injured on the job. The pain takes a toll, not just physically but financially, too. Medical bills pile up, and your ability to work is compromised. Workers' compensation, a safety net for injured workers in California, offers some relief.

But can you work while on workers' compensation? The answer, like many things in law, is nuanced. Let's delve into the details and explore the possibilities with Rodich Law.

What is Workers' Compensation?

Workers' compensation is a state-mandated insurance program that provides financial benefits to employees who suffer work-related injuries or illnesses. It's a no-fault system, meaning you don't need to prove your employer's negligence to receive benefits.

Benefits Provided by Workers' Compensation

Workers' compensation offers a lifeline to injured workers by covering various essential expenses:

  • Temporary Disability Benefits (TD): These benefits replace a portion of your lost wages if your injury prevents you from working your regular duties.
  • Medical Care Coverage: Workers' comp covers the cost of necessary medical treatment for your work-related injury or illness.
  • Permanent Disability Benefits: If your injury results in a lasting impairment that affects your earning ability, you may be eligible for ongoing financial assistance.
  • Supplemental Job Displacement Benefits (if applicable): These benefits can help with retraining or skill enhancement if your permanent disability prevents you from returning to your previous job.

Working While Receiving Workers' Compensation

Now, back to the question: can you work while on workers' compensation in California? The answer depends on the type of temporary disability benefits you're receiving:

Temporary Total Disability (TTD) and Working

When You Cannot Work at All

TTD benefits are meant for situations where your injury prevents you from working. If you can perform any work duties, even light duty offered by your employer, you might not be eligible for full TTD benefits.

Reporting Any Income During TTD

It's crucial to report any income you earn during your TTD period, even if it's minimal. This includes income from self-employment, odd jobs, or even unemployment benefits. Failure to report income can lead to a reduction or suspension of your TTD benefits.

Temporary Partial Disability (TPD) and Working

Reduced Work Hours Due to Injury

TPD benefits are for situations where your injury allows you to work some hours but not your full pre-injury schedule. Here, working within your limitations is generally acceptable.

Light Duty Work Offered by Employer

If your employer offers you light-duty work that aligns with your doctor's restrictions, you must accept it. Refusing suitable light-duty work can impact your TPD benefits.

Reporting Earnings from Light Duty Work

Earnings from light-duty work will be factored into your TPD benefit calculation. You'll receive some of your lost wages based on the difference between your pre-injury and current light-duty earnings.

Working a Second Job While on Workers' Compensation

Legal Considerations and Potential Risks

Technically, no law prohibits a second job while on workers' compensation. However, there are legal considerations and potential risks:

  • Misrepresentation of Work Capacity: If your ability to work a second job contradicts the limitations stated for your workers' compensation claim, it could be seen as misrepresenting your work capacity.
  • Impact on Permanent Disability Rating: If you're pursuing a permanent disability rating, working a second job might raise questions about the severity of your injury.

Reporting Income from Second Job

Like TTD, any income from a second job must be reported to the workers' compensation insurance carrier.

How Earnings Affect Workers' Comp Benefits

Earnings from your second job will be used to calculate your TPD benefits, potentially reducing the amount you receive.

Workers Comp Supplemental Income in California

a worker injured in his workplace

California doesn't offer a separate program for supplemental income while on workers' compensation. However, some employers might have disability insurance plans that provide additional income during temporary disability.

Impact of Working on Your Workers' Comp Claim

Working while on workers' compensation can have both positive and negative consequences:

Potential Reduction in Temporary Disability Benefits

As mentioned, income from any work activity can reduce your TPD benefits.

Risk of Jeopardizing Your Claim

Misrepresenting your work capacity or failing to report income can jeopardize your workers' compensation claim.

Misrepresentation of Work Capacity

Claiming an inability to work while actively performing a second job can raise red flags and lead to claim denial or even legal repercussions.

Impact on Permanent Disability Rating

If you're pursuing permanent disability benefits, working a second job might undermine the severity of your injury and potentially lead to a lower disability rating. This, in turn, would affect the amount of permanent disability benefits you receive.

Working with Restrictions on Workers Comp in California

Working while on workers' compensation in California comes with the crucial caveat of adhering to your doctor's restrictions. Here's what to consider:

Doctor's Approval and Work Restrictions

Always get your doctor's approval before engaging in any work activity, even light duty offered by your employer. Your doctor will determine if the work aligns with your healing process and won't exacerbate your injury.

Potential Impact on Recovery

Returning to work too soon, even within restrictions, can hinder your recovery. It's essential to prioritize your health and ensure your work doesn't compromise your healing.

Communication with Workers' Compensation Insurance Carrier

Maintain open communication with your workers' compensation insurance carrier. Inform them promptly if you plan to return to work, whether light duty with your employer or a second job. This transparency helps avoid misunderstandings and potential issues with your claim.

Seeking Legal Advice (Optional)

Workers' compensation laws can be complex. If you have doubts or need guidance navigating the process of working while on workers' compensation, consider consulting an experienced workers' compensation attorney.

Resources and Next Steps

If you're unsure about your rights or how working might affect your workers' compensation claim in California, here are some resources to help you navigate the situation:

California Department of Industrial Relations (DIR)

The DIR website offers a wealth of information on workers' compensation, including details on benefits and claims processes. They also provide resources for workers seeking legal assistance.

Workers' Compensation Appeals Board (WCAB)

The WCAB is a state agency that resolves disputes arising from workers' compensation claims. Their website provides information on the appeals process and how to file an appeal.

Consulting an Attorney (if necessary)

A qualified workers' compensation attorney from Rodich Law can provide personalized legal advice based on your situation.

An attorney can help you understand your rights, ensure you're receiving the benefits you deserve, and navigate any potential complications that may arise if you choose to work while on workers' compensation.

Rodich Law: Your Trusted Partner in Workers' Compensation

Facing a work injury can be overwhelming. At Rodich Law, our experienced workers' compensation attorneys in Woodland Hills, California, are here to help.

With over five decades of combined experience, we've guided countless clients through the system's complexities, securing them the benefits they deserve. Whether you're unsure about your rights or considering returning to work while on workers' compensation, we can provide expert guidance throughout the process.

Contact Rodich Law today for a free consultation. 

Conclusion

workers' compensation information sheet

Can you work in California while receiving workers' compensation? The answer depends on the specifics of your situation and the type of temporary disability benefits you're receiving. Remember, prioritizing your health and recovery is paramount.

It is key to work within your doctor's restrictions and maintain clear communication with your workers' compensation insurance carrier. If you have any doubts or need guidance, consider seeking legal advice from a qualified workers' compensation attorney.

Remember, Rodich Law is dedicated to fighting for the rights of injured workers in Woodland Hills and Southern California. We have extensive experience handling workers' compensation claims and can help you navigate the complexities of working while on workers' compensation.

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