Working While on Workers' Compensation in Greensboro

As people recover from injuries in an on-the-job accident, they sometimes begin to wonder, “Can you work while on workers’ compensation?”

Workers’ compensation benefits provide medical treatment coverage and financial support to injured employees in North Carolina. Unfortunately, the wage-replacement benefits you receive do not cover the full income you could earn if you could work. It is typically two-thirds of your average weekly wage, up to a cap. That means injured workers can face financial hardships during treatment and recovery, even when receiving benefits.

While North Carolina workers’ compensation law allows people to work in certain circumstances, talking to an experienced attorney is the best way to ensure you don’t jeopardize your benefits.

Contact Ward Black Law now for a free claim review from one of our experienced workers’ compensation attorneys.

Why You Need Help from Our NC Workers’ Compensation Lawyers

Handling a workers’ compensation claim can be overwhelming, especially when dealing with medical treatments, lost income, and strict reporting requirements. Plus, insurance companies often look for ways to reduce or deny benefits. It’s essential to have an experienced advocate on your side.

At Ward Black Law, we offer award-winning representation from committed workers’ compensation attorneys. For over 30 years, we’ve helped hundreds of clients navigate the workers’ compensation system and get the benefits they deserve.

One of our past workers’ compensation clients said this about their experience with our firm:

“The way they welcomed us with warm arms and talked to us … we didn’t need to look any further. They make you feel like you’re family. They reassured me and made me feel comfortable. I am very grateful to them for what they have done for me.” – Clarence

Here’s how we can help protect your rights and maximize your benefits:

• Advocating for full benefits – Insurers may undervalue wage replacement or deny medical treatments. Our lawyers stand ready to fight to secure the maximum compensation available.
• Appealing denied or undervalued claims – If your claim is denied, our attorneys can appeal the decision and present evidence to support your case.
• Protecting against employer retaliation – Some employers try to force injured workers back to work too soon or retaliate against those who file claims. Our workers’ compensation lawyers can protect your rights.
• Guidance through the return-to-work process – Returning to work impacts your benefits. Our attorneys can guide you in making informed decisions to avoid jeopardizing your claim.

Can You Work While on Workers’ Compensation?

Because workers’ compensation benefits are limited to up to two-thirds of your pre-injury average weekly wage, those benefits may not be enough to meet your needs. Some injured workers want to know whether they can return to work or get a second job.

You can work while receiving workers’ compensation benefits, but only in limited circumstances. Going back to work while you’re still healing could aggravate your injuries. That’s why workers’ compensation laws generally prohibit people from going back to work while they’re receiving benefits.

One notable exception to this rule is when your doctor has cleared you for light-duty work or if your duties have been modified to accommodate your injury. If your doctor says you can return to work, but your injuries have not fully healed, you can work while still receiving benefits.

Another exception is working a second job. You may work a second job while receiving workers’ compensation only if the second job is distinct from your primary job and the demands of your second job fall within any work restrictions issued by your doctor.

If your second job is similar to your primary job and you’re receiving wage benefits, your employer can ask to terminate those benefits. They will argue that your injuries aren’t severe enough to prevent you from working. However, you should still receive medical benefits.

What If I Had a Second Job Before Receiving Workers’ Compensation Benefits?

If you had a second job before receiving workers’ compensation, the deciding factor on whether you can continue to work at that job is whether your two jobs are similar. If the job duties are similar, your employer can cut off your disability benefits if you continue to work your second job after you’re injured. They will argue that if you’re healthy enough to work your second job, you can return to your first job.

If your second job does not require the same physical abilities as the job you were performing when you were injured, you may be able to keep receiving workers’ compensation benefits while working if your doctor has cleared you to do so. Your continued benefits may be limited to coverage for medical treatment.

How Returning to Work Could Affect Your Benefits

Workers’ compensation provides wage-replacement benefits based on your inability to earn your pre-injury income. If you return to work and start earning again, your wage-replacement benefits may be reduced or terminated. However, that depends on several factors, including your earnings, work restrictions, and medical status. For example:

• Returning to light-duty work at the same employer – If your doctor clears you for light-duty work, your employer may offer a modified job that fits your restrictions. If your new wages are lower than before your injury, you may still qualify for partial wage loss benefits to make up part of the difference.
• Finding new employment while recovering – If you take a new job with a different employer while you’re still receiving benefits, your new income will be factored into your benefit payments. If you’re now earning less due to your injury, you could receive partial benefits to account for the shortfall.
• Pressured to return to work too soon – Some employers or insurance companies push injured workers to return before they’re ready. If you feel pressured to resume work against your doctor’s recommendations, you can challenge that decision.

Reporting Requirements for Working While on Workers’ Compensation

In North Carolina, employees receiving workers’ compensation benefits must follow the wage reporting requirements to maintain their benefits:

• Reporting earnings – If you return to work in any capacity while receiving workers’ compensation benefits, you must report your earnings to your employer and the North Carolina Industrial Commission (NCIC). That includes income from secondary employment or self-employment.
• Accurate and timely reporting – Failure to report earnings accurately and promptly can lead to penalties, including the suspension or termination of benefits for lost wages.

Consequences of Working Without Reporting Income

There are serious legal risks if you fail to disclose any other income while you receive workers’ compensation. They include:

• Repayment of benefits
• Criminal charges for workers’ compensation fraud
• Denial of future claims or benefits

How Our Lawyers Help People Navigate the Workers’ Compensation System

Ward Black Law is devoted to helping injured workers understand their work restrictions, benefits, and obligations. Our award-winning attorneys help our clients navigate the workers’ compensation system and protect their benefits.

Contact us today for a free case evaluation from one of our experienced workers’ compensation attorneys.