After sustaining a work-related injury, many individuals wonder if they can seek new employment while receiving workers’ compensation benefits. The answer is not a simple yes or no, as several factors come into play. Here, we’ll discuss various scenarios, including contract work, part-time employment, and how a different job may impact your existing workers’ comp claim.
Contract Work
Taking on contract work while on workers’ comp can have implications for your benefits. If the contract work is similar to your previous job and requires similar physical exertion, it could raise questions about the extent of your disability and your eligibility for benefits. It’s crucial to consult with your workers’ comp attorney before accepting any contract work to understand how it may affect your claim.
Part-Time Employment
In some cases, individuals receiving workers’ comp benefits may be able to work part-time without jeopardizing their benefits. However, the new job must not aggravate your existing injury or exceed the physical limitations set by your healthcare provider. Additionally, any income you earn from part-time work may impact the amount of workers’ comp benefits you receive.
Implications on Existing Workers’ Comp Claim
Seeking new employment while on workers’ comp can impact your existing claim in several ways:
Wage Loss Benefits: If your new job pays less than your previous job due to your injury, you may be eligible for wage loss benefits to make up the difference. However, the calculation of these benefits can be complex and may vary depending on your state’s laws.
Medical Treatment: Your new job may require you to undergo a new medical evaluation, which could impact your workers’ comp claim if the results differ from previous evaluations.
Permanent Disability Benefits: If you are deemed permanently disabled, obtaining a new job may affect your eligibility for permanent disability benefits.
Why You Should Seek Legal Advice
Navigating the complexities of workers’ compensation law, especially when considering secondary employment, can be challenging. Harvey & Carpenter, Attorneys at Law, are here to help. We offer free consultations to discuss your situation and provide guidance on your best course of action. Contact us today at 507-779-7529 to schedule your consultation. Don’t risk your benefits by making uninformed decisions about your employment status—let us help you understand your rights and options.
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Understanding Minnesota’s Workers’ Compensation Rules on Returning to Work
In Minnesota, workers’ compensation law encourages injured workers to return to gainful employment whenever possible. The state allows for “light-duty” or modified work as part of your recovery process. If your employer offers a position within your medical restrictions, accepting it typically does not affect your benefits. However, if you find a new job outside your employer’s offer, you must ensure it aligns with your physical capabilities and does not hinder your recovery.
It is important to note that Minnesota law requires injured workers to report any earnings while receiving workers’ comp wage loss benefits. Failure to report income can lead to suspension or termination of benefits and may raise allegations of fraud. Keeping detailed records of your work hours, wages, and job duties is essential to avoid disputes with the insurance carrier.
How New Employment Can Impact Social Security Disability Benefits
If you are also pursuing or receiving Social Security Disability Insurance (SSDI) benefits, working while injured introduces additional considerations. The Social Security Administration (SSA) uses a program called Substantial Gainful Activity (SGA) to determine eligibility. In 2024, earning more than $1,470 per month (or $2,460 if you are blind) generally means you are engaging in SGA and could lose SSDI benefits.
Even if your new job pays less than the SGA threshold, the SSA may review your ability to perform work consistently and your medical condition. Part-time or trial work programs offered by SSA can help you test your ability to work without immediately losing benefits. Understanding these rules before accepting a new job can prevent unexpected loss of SSDI benefits.
Practical Steps Before Taking a New Job While on Workers’ Comp
Before pursuing any new employment while on workers’ compensation, take these steps:
- Consult your treating physician to confirm the job duties fit within your medical restrictions.
- Notify your workers’ compensation insurance adjuster or claims handler about your intention to work.
- Keep detailed records of all work-related activities, including hours worked, wages earned, and job descriptions.
- Discuss your plans with a qualified workers’ compensation attorney to evaluate how new employment may impact your claim and benefits.
At Harvey & Carpenter, Attorneys at Law, we have extensive experience helping Minnesota workers navigate the complexities of workers’ compensation and SSDI claims. If you are considering returning to work or starting a new job during your claim, contact us for a personalized consultation to protect your rights and benefits.
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