- April 11, 2024
Can You Work While on Workers’ Comp in Georgia?
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 workers compensation claim and provide guidance about how to navigate working another job while receiving workers comp benefits. Here is what you must know about working while on workers compensation benefits.
Light Duty Work While Receiving Workers Compensation Benefits
If your condition injury is not very severe, your employer may offer you light-duty work while on workers’ compensation. You cannot refuse this position as long as your workers comp doctor says you’ve recovered enough for light duty, even if it pays less than your regular job. Refusing means your current employer has the right to fire you, and this would stop your wage replacements.
While working in an alternative position, partial disability benefits would pay two-thirds of the difference between your current income and your pre-injury wages.
Can You Get Another Job While on Workers’ Comp?
Since workers compensation doesn’t offer full pay, it’s understandable why employees would want to continue a part-time job or look for a second job.
You can work another job while on workers’ compensation, but it can complicate your workers comp claim. A second job shows you can do some work and have an income source besides workers comp benefits. Your primary employer may object to you collecting workers compensation benefits if you are well enough to work at your other job.
You may be able to work another job that is less physically demanding than your primary job’s requirements if you have approval from your workers’ compensation doctor.
It’s crucial to consult with an experienced Atlanta workers’ compensation attorney about keeping or beginning additional employment to avoid risking your benefits or facing accusations of insurance fraud.
How Will a Second Job Impact Workers Compensation Benefits?
Some people take second jobs while on workers comp to make ends meet. The income replacement benefits represent two-thirds of your regular wages, and can’t exceed a maximum limit on workers comp benefit. Some workers feel that they are not able to cover all expenses.
If you take a second job, the income from that job will be considered when calculating your workers’ compensation benefits, reducing the amount you receive. Your weekly payments are calculated by subtracting your earnings from your pre-injury average weekly wage. Workman’s comp disability benefits pay two-thirds of the difference.
If your earnings from the second job match or exceed your primary job’s wages, you’ll most likely no longer qualify to receive workers comp benefits for lost wages. Instead, workers’ compensation would only cover your medical expenses.
Will a Second Job Shorten the Time I Can Get Workers Comp Benefits?
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 having a second 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.
Failing to Report Income Is Workers’ Comp Insurance Fraud
Working a second job while out on workers comp creates a new issue you must be aware of. Failing to report additional income accurately jeopardizes your right to collect workers comp and can lead to insurance fraud charges.
You will be committing workers comp fraud if you fail to report income from a second job while receiving workers’ compensation benefits. Under Georgia law, workers compensation fraud is punishable by a fine of $1,000 and $10,000 and up to a year in prison.
You may believe that you may keep your second job under the radar and supplement your income beyond the weekly cap on benefits. 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. Failing to report additional income accurately jeopardizes your right to collect workers comp and can lead to criminal charges.
Your Workers Comp Doctor Must Approve a Second Job
Before taking a second job, your workers comp doctor needs to confirm that the new job will not 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.
Changing Jobs While on Workers Comp
After a workplace accident, you may consider looking for a new position with a new employer or even a career change. The decision to change jobs can impact your workers compensation benefits.
- Medical Benefits: If you switch jobs, you can continue receiving medical benefits as long as your treatment is for the work-related injury. You must continue seeing an authorized workers’ comp doctor regularly, even after the job change.
- Wage Replacement Benefits: If your new position pays less than your previous role, you might still receive partial wage loss benefits. However, if the new job pays more, your wage replacement benefits could end.
- Job Duties: Workers’ compensation may terminate your benefits and declare you’re no longer disabled if the new job is physically demanding.
- Transparency: Inform your new employer about your injury and any work restrictions. You must notify the workers’ compensation insurance company about the new job.
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 both full-time and part-time workers. However, independent contractors do not qualify to receive workers compensation benefits. 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.
We encourage you to schedule a free case review with an experienced workers comp lawyer before taking any decision regarding your workers comp case. Call us at 470-287-5597!
