Can you work a second job while on workers’ comp?
Workers' Compensation - March 28, 2024 by Horwitz, Horwitz & Associates
When hard-working employees are injured on the job, they have the right to seek and collect workers’ compensation benefits. These benefits provide medical coverage and needed income for the injured worker and their households during the recovery period. Many of today’s workers hold second jobs and wonder if they still can still work at one job while collecting workers’ compensation benefits for an injury sustained at the other.
The answer to that question is “yes,” but there are important factors to keep in mind. If you are in this situation, your best course of action is to secure guidance and representation from a Chicago workers’ compensation attorney with Horwitz, Horwitz & Associates.
Risks to consider when working two jobs
Yes, individuals with the ability to work are allowed to work at a second place of employment while receiving workers’ comp benefits at their primary place of employment. If you have the ability to work, you can continue working at a second place of employment while receiving workers’ compensation benefits (workers’ comp) from the job where you were injured.
However, if you do not account for specific considerations, you could put your employment and benefits at risk. An experienced Chicago workers’ compensation attorney will help you sort through these considerations to help protect your job and benefits.
Job duties
You must be certain you are authorized to perform the duties required at your second job. You collect workers’ comp because your capacity for work is limited and injuries prevent you from fulfilling certain duties. You should only work your second job if the tasks are less taxing and will not cause further injury.
Primary employer’s response
If you work a second job while collecting workers’ comp, be aware that your primary employer may launch an investigation into your situation. Your employer’s goal will likely be to justify reducing or ending your workers’ comp benefits. Be prepared to provide strong evidence to support both your need for continued benefits and your ability to work your second job.
Insurance company’s response
The insurance company paying your benefits will most likely seek to adjust your benefits. The adjustments will lower what they pay you to account for the income you earn at your second job.
Approved employment
Some types of employment are not approved for workers receiving workers’ compensation benefits. You must be certain the duties assigned to you at your second job fall into the “approved” category.
Reporting income
When you apply for workers’ compensation benefits, you must report any and all secondary income you earn. To qualify for benefits, you must provide thorough and accurate information regarding other sources of income.
Workers’ compensation fraud
If you do not provide accurate information about your secondary income, the duties required at your second job, or other factors related to your workers’ compensation benefits, you could face criminal charges of workers’ compensation fraud. If convicted, you may face serious financial penalties among other consequences.
Can you receive workers’ comp for two jobs?
Yes, you may receive benefits for both if you were already employed at a second, part-time job in addition to your primary job when you were injured. If you are employed at a secondary, part-time job in addition to your primary job, when you are injured, you may be able to receive workers’ compensation for both jobs.
Navigating this “double” process will be complicated, and your employers and the insurance companies paying benefits will probably not work with you easily. Remember, insurance companies’ loyalty is to themselves, not to the hard-working employees who are injured on the job. A workers’ compensation attorney in Chicago will work through these complexities to help you receive the benefits you are owed.
Workers deserve fair treatment. Let us help.
When an on-the-job injury prevents you from working, you should not face further hardship because of that injury. While you can work your second job while collecting workers’ compensation from your primary job, you must be careful to protect your benefits and protect yourself from accusations of fraud.
Call (800) 985-1819 to reach out to a Chicago workers’ compensation attorney from Horwitz, Horwitz & Associates for a free consultation and to ensure you get the benefits you deserve and are treated fairly by your employer and the insurance company.
