- April 11, 2024
When you discuss your workplace accident with an Atlanta workers comp lawyer, remember to specify If you also have a second job. This is a crucial aspect which will be taken into account when calculating your wage replacements. Also, in some cases, your doctor may advise you against working a second job during workers comp.
Here is what you must know about doing any kind of work while you are out on workers comp:
You May Be Eligible for a Light-Duty Position
Some workers consider taking a second job during workers comp to make ends meet. Since the replacement wages represent 2/3 of the regular wages, but cannot exceed $735 per week, some workers feel that they are not able to cover all the expenses.
However, if their injury is not very severe, requiring hospitalization or bed rest, the employer may give them a light-duty position to fill in during workers comp. You cannot refuse this position, even if it pays less than your regular job.
Your employer has the right to fire you, and this would stop your wage replacements.
You Must Be Honest about Any Other Source of Income
Working a second job while out on workers comp creates a new issue you must be aware of. You must report to the workers comp insurance company any other source of income beside the wages you get from the job where you got injured.
The reason for this is that your total wages while on workers comp cannot exceed the $725 limit stated above. If the second job pays significantly more than your primary job, you may not receive wage replacement at all. Instead, workers comp will only cover your medical care costs.
Failure to Disclose Incomes Represents Insurance Fraud
You may believe that you may keep your second job under the radar and supplement your incomes during workers comp beyond the weekly cap. Don’t do this! You must be aware that the workers comp insurance company is monitoring everything about you, looking for a way to deny your claim.
They will soon find out about your second job – even if you are paid cash in hand. And at this point they will be justified to accuse you of workers compensation fraud. According to Georgia law, this offense is punishable by:
- Fine between $1,000 and $10,000
- Up to 12 months in prison
- Both.
Duties at the Second Job Must Not Be against Doctor’s Orders
Another reason why you must consult with an Atlanta workers comp lawyer before taking a second job or continue to work is because the work you do cannot go against doctor’s orders. If you are prohibited from using a body party or making any kind of physical effort, for instance, you must not engage in any activity of this nature.
Once the insurance company finds out about your second job, they will send an employee or hire a PI to monitor you and take photos and videos of you. If these images show you performing activities incompatible with your injuries, the insurer will stop your workers comp benefits.
Talk about Getting a Second Job with a Skilled Atlanta Workers Comp Lawyer!
Before taking a second job during workers comp, make sure to tell your Atlanta workers comp lawyer about it. The attorney will examine the job duties and the wages you would get from this job and advise you for or against this decision.
Workers comp is meant to allow you to recover from a workplace injury, and both your employer and the insurance company will take umbrage if they realize that you are still working while getting benefits. You must consider the decision carefully, in light of the fact that your employer can fire you at any moment, under the at-will employment laws in our state.
We encourage you to schedule a free case review with an experienced lawyer before taking any decision regarding your workers comp case. Call us at 470-287-5597!
