Can I Get Another Job While on Workers Comp?

Workers' Compensation Lawyers Atlanta is exclusively dedicated to workers' compensation cases, bringing deep expertise in Georgia's workers' comp system to help injured workers recover benefits for everything from traumatic brain injuries to workplace fatalities.

What to Know About Working Another Job While on Workers’ Comp

While workers’ compensation offers vital financial support for employees with a work injury or illness, workers’ comp benefits don’t replace your full pay. Many injured workers have questions about how they can supplement lost income by continuing to work in some form while receiving workers’ compensation benefits.

Can you get another job while on workers’ comp? How does a second job affect lost wage benefits? What about returning to work in a light-duty position or even changing jobs?

An Atlanta workers’ compensation lawyer can help you with your claim and provide guidance about how to navigate working another job. Here is what you must know about working while on workers’ compensation benefits.

Can You Work While on Workers’ Comp in Georgia?

Yes, you can work while on workers’ comp in Georgia, but any work must be approved by your workers’ comp doctor and can affect your benefit amount. The two most common scenarios injured workers face are light-duty assignments from their primary employer and taking on another job, both of which are addressed in detail below.

Are You Required to Accept Light Duty Work While on Workers’ Compensation?

Yes, you may be required to accept light-duty work while on workers’ comp. If your authorized workers’ comp doctor confirms you’re able to perform a light-duty role, you generally can’t refuse, even if it pays less than your regular job. The insurer can cut off your workers’ comp benefits if you refuse suitable work your doctor has approved.

If the light-duty position pays less than what you made before your injury, partial disability benefits will pay two-thirds of the difference between your new income and your pre-injury wages.

Can You Get Another Job While on Workers’ Comp?

Yes, you can work another job while on workers’ comp, but it can complicate your claim. There are two important conditions for working a second job while receiving workers’ compensation:

  • Your workers’ comp doctor has to approve the job. The new job’s duties can’t interfere with your recovery from your work injury.
  • You have to report your other job. The income affects your benefit calculation and failing to report it is treated as fraud.

Talk with an experienced Atlanta workers’ compensation attorney before starting or continuing a second job, so you don’t risk your benefits or face fraud accusations.

Does a Workers’ Comp Doctor Need to Approve a Second Job?

Your workers’ comp doctor must approve a second job before you accept it, confirming that the new role won’t worsen your work-related injury. If your new job’s duties are less physically taxing than your primary job and don’t interfere with your recovery, you might be able to keep both the second job and your benefits.

How Will a Second Job Impact Workers’ Compensation Benefits?

Income from another job counts toward your current earnings, which lowers your weekly workers’ comp payments. Partial temporary disability benefits pay two-thirds of the difference between your pre-injury average weekly wage and what you’re currently earning. Workers’ comp payments can’t exceed a maximum limit.

If your second job’s earnings match or exceed what you made at your primary job, you’ll likely stop qualifying for lost-wage benefits altogether, though workers’ comp will still cover your related medical care.

an injured worker with a second job on workers' compensation

Will Getting Another Job Shorten the Time I Can Get Workers’ Comp Benefits?

No, a second job does not automatically shorten your benefit period, but it can prompt your employer to push for an earlier return to your primary job. If your second job demonstrates that you are capable of working, your employer might push for you to return to your primary job sooner. However, your workers’ comp doctor is the one who decides when you’re ready to resume your work duties.

While working another job affects the amount of your weekly payments, you can continue receiving benefits like you would if you returned to work in a light-duty role. Check out our earlier blog for an in-depth explanation of how long workers’ compensation lasts in Georgia.

What Happens If You Fail to Report Income From Another Job While on Workers’ Comp?

Failing to accurately report income jeopardizes your right to collect workers’ comp benefits and can lead to criminal charges. You will be committing workers’ compensation fraud, which is punishable by a fine of between $1,000 and $10,000 and up to a year in prison under Georgia law.

You might think you can keep your second job under the radar and supplement your income. Don’t do this! Many employers investigate workers’ comp claims, and may even hire a private investigator. Workers’ compensation insurance companies are always looking for a way to deny claims by injured employees. They can find out about your second job even if you are paid cash in hand.

Can I Get a New Job While on Workers’ Comp Benefits?

Yes, you can get a new job while on workers’ comp. The decision to change jobs can impact your workers’ compensation benefits.

  • Medical Treatment: You can continue receiving medical benefits after switching jobs, as long as treatment is for the work-related injury.
  • Wage Replacement Benefits: A lower-paying new job may preserve partial wage loss benefits; a higher-paying job could end them.
  • Job Duties: Physically demanding new job duties may lead workers’ compensation to terminate benefits.
  • Transparency: You must inform your new employer and the insurance company about your injury and the job change.
    It’s important to talk to a workers’ compensation lawyer if you’re considering a job change.

Who Qualifies for Workers’ Compensation in Georgia?

Georgia law requires all businesses with three or more employees to carry workers’ compensation coverage. This includes full-time and part-time workers, but independent contractors do not qualify. If you suffer a work-related accident or develop an occupational disease related to your job, you’re most likely covered by workers’ compensation.

If you have questions about eligibility, contact our Atlanta workers’ comp lawyers today for a free consultation.

Talk With an Atlanta Workers’ Compensation Lawyer!

Before taking a second job or looking for other employment, make sure to tell your Atlanta workers’ compensation lawyer. The attorney will examine the job duties and the wages you would get from this job and advise you for or against this decision.

The workers’ compensation system is meant to allow you to recover from a workplace injury, and both your current employer and the insurance company may object if you begin working another job. You must consider the decision carefully, and seek advice from a workers’ compensation attorney.

Our team at Workers’ Compensation Lawyers Atlanta is here to help you. Contact us today or call 470-518-5026 to schedule a free case review!