When you’re recovering from a work-related accident or illness and unable to return to your normal job, finances can be tight. You might wonder if you can work another job while on workers’ compensation in North Carolina. The answer to this question depends on many factors, such as the type of employment, the nature of your injuries, and how well you’re following legal and medical guidelines for workers’ comp.
The Basics of Workers’ Compensation in North Carolina
A state-mandated insurance program, workers’ compensation provides medical benefits and wage replacement to employees who have experienced workplace injuries or illnesses. The program aims to help injured workers receive necessary medical care while also compensating for lost wages during recovery. Benefits include medical expenses, rehab costs, and a portion of lost wages during the employee’s time off work.
Workers’ comp is overseen by the North Carolina Industrial Commission.
Working a Second Job Prior to Your Injury or Illness
In today’s economy, it’s not uncommon for a person to work multiple jobs. If you held more than one job before your accident or illness, this can impact the way your workers’ compensation claim functions.
If your injury prevents you from working at the job where you were injured but does not hinder your ability to perform the duties at your second job, you might be able to continue working the second job without a change to your workers’ comp benefits. Make sure you report this income when you first file your claim, as it might influence the value of your wage replacement benefits. Failing to report could negatively impact your case.
Workers’ comp benefits are usually calculated based on what you make from the job where you sustained the injury. North Carolina law generally doesn’t consider the income you make from your secondary employer when calculating benefits.
Workers’ comp prioritizes your recovery, which means that if your second job impedes your ability to heal or conflicts with your medical requirements, this can affect your benefits. Failure to report this information or the income you make from the second employer may lead to allegations of fraud and legal consequences.
The Coalition Against Insurance Fraud estimates that $25 billion per year is lost to workers’ compensation fraud by employers in the United States. Meanwhile, $9 billion was reported as fraud by the workers themselves.
Seeking New Employment While on Workers’ Comp
During the period when you receive workers’ comp benefits, you must make careful considerations before pursuing a new job. Some things to think about include:
- Medical clearance. Before accepting a new job, you’ll need medical clearance from your healthcare provider. This shows that the new work aligns with your medical restrictions. North Carolina workers’ comp recipients reported an average of 12.01 days of receiving benefits between the date of injury and returning to work.
- Disclosure obligations. Inform your current employer and the workers’ compensation insurance carrier about your intention to look for a new job. Transparency is crucial to avoid being accused of fraud or misrepresenting your injuries.
- Potential adjustments to your benefits. Any new earnings you make may be considered by workers’ comp, which could lead to an adjustment in your benefits. This particularly applies to your lost wages compensation.
Maintaining open communication with all parties involved should be a priority when seeking additional employment. This program has strict guidelines for those receiving benefits, so keeping everyone informed through every step is the safest way to protect yourself during your recovery time.
FAQs
Q: Can You Leave a Job While on Workers’ Comp?
A: You can leave your job for any reason while on workers’ comp. However, quitting may impact your wage replacement benefits, especially if you haven’t been cleared to return to work yet. Medical benefits generally continue if the injury impacts your ability to work, but quitting could raise questions about your affected abilities. A workers’ comp attorney can answer your questions and provide legal advice on how to proceed with leaving your employment.
Q: Can You Work After a Workers’ Comp Settlement?
A: You can usually work after a workers’ comp settlement, depending on the terms of the agreement and your medical status. If you receive a lump-sum settlement, you might still be able to work in a limited capacity. If the settlement was for a total disability, returning to work would be problematic, causing issues with your benefits and triggering a possible repayment obligation.
Q: Can I Work From Home While on Workers’ Compensation?
A: In some cases, you might be allowed to work from home while on workers’ comp, but it depends on your injury, your doctor’s restrictions, and the accommodations made by your employer. If remote work aligns with your medical limitations, it could affect the amount of wage replacement benefits you receive, and partial work could limit your workers’ comp payments.
To avoid these issues, always get medical and legal approval before returning to work, even remotely.
Q: What Are the Disadvantages of Workers’ Compensation?
A: Despite the important benefits provided, there are some disadvantages to workers’ compensation. You generally can’t file a claim against your employer for negligence, even if they were at fault for your accident. Benefits may be limited compared to full wages or a civil claim payout. Also, returning to work under restrictions can be very stressful.
The workers’ compensation claims process can be very slow and complex. Hiring a legal professional can help you negotiate with insurers who may try to deny or minimize claims.
Contact a Concord Workers’ Compensation Lawyer Today
Engaging in employment while receiving workers’ compensation benefits requires strict legal adherence. To avoid suspicions of fraud and protect yourself legally, you need an experiencedConcord workers’ compensation lawyer to walk you through the process. The team of M. Reid Acree Jr., Attorney at Law, is dedicated to helping workers’ comp recipients maintain their benefits while they recover.
Our office can help clarify your legal rights and communicate with insurers and employers on your behalf. By ensuring your workers’ comp case is maintained legally and ethically, we can make sure you receive maximum benefits.
Contact our office today to schedule a consultation and learn more about whether you can work another job while on workers’ compensation in North Carolina.