Can I Get A New Job While On Work Comp

Workers' compensation is designed to provide financial support and medical care to employees who are injured on the job. However, many workers who are receiving workers' compensation benefits may wonder whether they are allowed to seek other employment during their recovery. In Missouri, the answer isn’t straightforward, and it largely depends on your specific situation. Here's an overview of what you need to know if you’re considering looking for a new job while receiving workers' compensation benefits.

What is Workers' Compensation?

Before we dive into the specifics, it’s important to understand the basics of workers' compensation. In Missouri, workers' compensation is a state-mandated program that provides benefits to employees who suffer work-related injuries or illnesses. These benefits can cover:

• Medical Expenses: Treatment for the injury or illness.

• Temporary Disability Benefits: Wage replacement if the worker is unable to work for a period.

• Permanent Disability Benefits: Long-term financial compensation if the worker has lasting impairments.



• Vocational Rehabilitation: Services to help an injured worker return to employment, if possible.
  

Can I Get a New Job While on Workers' Compensation in Missouri?

In Missouri, there is no blanket rule that prohibits someone from seeking or accepting new employment while receiving workers' compensation benefits. However, certain factors come into play that could affect your eligibility for workers' comp benefits if you decide to look for a new job.

1. Your Current Ability to Work

One of the key factors in whether you can pursue other employment while on workers' comp is whether you are physically capable of doing so. If your doctor has indicated that you are able to return to work in some capacity (either full-time or part-time), you might be able to take another job without jeopardizing your benefits. However, if your injury or illness prevents you from working at all, then pursuing another job might be seen as inconsistent with your workers' comp claim.

2. Restrictions Imposed by Your Doctor

Workers' compensation cases often involve medical evaluations to determine the extent of your injuries. If your doctor has placed restrictions on the type of work you can perform due to your injury, taking a job that doesn’t align with those restrictions could jeopardize your workers' compensation benefits. For example, if you are restricted to light-duty work or cannot lift more than a certain weight, accepting a physically demanding job would be a violation of your doctor’s orders and could raise concerns for the insurance company.

3. The Impact on Temporary Disability Benefits

If you are receiving temporary disability benefits (which are typically meant to replace lost wages during recovery), you may risk losing these benefits if you take another job. Specifically, if your new job pays more than your workers’ comp benefits, or if your new job results in a reduced level of disability, your benefits could be adjusted or discontinued. The Missouri Division of Workers' Compensation may reassess your case if they determine that you’re no longer entitled to the full wage replacement.

4. Good Faith in Reporting Employment

If you do decide to pursue another job while receiving workers’ compensation benefits, it’s crucial to report your employment to the Missouri Division of Workers' Compensation. Failing to report additional income or new employment could be considered fraud, which is a serious legal offense and could result in penalties, including the loss of benefits.

5. Part-Time or Light-Duty Work Options

In some cases, injured workers may be able to return to part-time or light-duty work that aligns with their medical restrictions. If you find a job that accommodates your current physical limitations, and your employer is willing to work with your restrictions, you may be able to earn additional income while still receiving partial benefits. In these cases, workers' compensation may provide a reduced benefit that supplements your new earnings, rather than replacing your entire wage.

6. Vocational Rehabilitation and Job Search Assistance

Missouri law requires that workers who suffer permanent disabilities that prevent them from returning to their previous jobs may be eligible for vocational rehabilitation benefits. This can include assistance in finding new employment that is within your physical capabilities. If you are receiving vocational rehabilitation, you may be working with a counselor to help you find suitable work, which could include looking for a new job. However, you should still be transparent with your vocational counselor and the workers' compensation insurance carrier to avoid any potential issues.

What Happens If I Take a Job Without Reporting It?

If you decide to take a new job while receiving workers' compensation benefits and fail to report it, you could be committing workers' compensation fraud. Failing to report new employment or income could result in severe consequences, including:

• Loss of Benefits: Your workers' compensation benefits could be terminated.

• Repayment of Benefits: If it is determined that you were not entitled to benefits during the time you were working, you may have to pay back any benefits you received.

• Legal Penalties: Workers' compensation fraud is a criminal offense in Missouri and can lead to criminal charges, fines, and even imprisonment.
  

Conclusion

In Missouri, it is possible to look for and even secure a new job while on workers' compensation, but it is essential to proceed with caution. Your ability to take on new work will largely depend on your medical restrictions, the nature of the job, and your current status with workers' compensation benefits. Be sure to:

• Consult with your doctor to ensure any new employment complies with your physical restrictions.

• Notify the workers' compensation insurer and the Missouri Division of Workers' Compensation about any changes in your employment status.

• Avoid taking a job that would compromise your recovery or workers' compensation claim.

Navigating workers' compensation and finding new employment can be tricky, so it’s advisable to consult with an attorney who specializes in workers' compensation law to ensure you’re complying with all the relevant regulations and protecting your rights.

If you’re in this situation and unsure about your options, seeking professional legal advice is a smart step to avoid potential complications. Daniel Finder at Finder Law, LLC has extensive experience in workers compensation law and can help guide you through this often-confusing process.

Contact our office today to set up a consultation to discuss your legal needs.