Can I Work While Receiving Workers' Compensation Benefits?

Employees who are injured while working face a slew of unexpected complications. From physical and mental recovery to filing a workers’ comp claim to trying to “get back to normal” — there are many hurdles for an employee. Another pain point can involve finances. Especially if an employee hasn’t received any workers’ comp benefits yet, what options are available to help make ends meet?

For many, the obvious choice is finding a way to earn an income. This could be through an existing secondary job or working at their current job while not making their injury any worse. But can an employee do this?

In short, maybe.

Light Work Duty

If an employee is cleared to continue working while receiving workers’ compensation benefits, they may be restricted to light work duty. Light work duty is defined as any work which an employee is physically able to perform and which:

• Does not aggravate their injury;
• Does not pose a health or safety risk to themself or others; and,
• An employer has available.

Light work duty aims to help injured workers transition back to their pre-injury job or, if necessary, find new employment. California law requires employers with 20 or more employees to make a good faith effort to accommodate an injured worker's restrictions by providing a modified job or light work duty position.

Finding a New Job

If an employee’s current position does not meet any light work duty requirements set by their physician, they may seek other employment that falls within their work capabilities. However, workers’ comp benefits may be diminished or eliminated depending on the employee’s new position.

What Options are Available if I’m Receiving Workers’ Comp?

Workers’ compensation claims are complex as one case is not like another. If you’re navigating your options for employment while receiving workers’ comp benefits, it’s best to talk with an experienced workers’ comp attorney.

The experienced workers’ comp lawyers at The Sexton Law Firm are ready to help you no matter where you are in your workers’ comp claim process. We have helped countless individuals figuratively and literally get back on their feet after a workplace injury and we’re ready to guide you through your case. Reach out to our knowledgeable Chula Vista legal team today at (619) 202-8976.