By GNGF Design/Development on September 30th, 2024 in Uncategorized
Annually, over 78,000 nonfatal workplace injuries occur in Georgia’s private sector. If you are one of the employees who filed a workers’ compensation claim and are receiving benefits, chances are, you have a lot of questions.
One question we get a lot from the people we represent is: can I get a different job while receiving benefits?
If You Have a Second Job Already
Over 8.7 million people across America have two jobs, and if you’re one of them, you’re technically not getting another job. For example, you may work as a delivery person and be required to lift 50+ pound boxes at the job you were hurt at and work as a secretary at another job.
If you already had your secretary job when you were hurt, you may need to:
- Demonstrate that the duties are lighter
- Receive your doctor’s approval to continue at your second job
However, if you decide to pursue a new job while on workers’ compensation and if you earn the same or more than the job that you were injured at, you may lose your benefits.
Settlement values may also be impacted because your new second job shows that you still have the capability to work and earn a living, even if it’s not in the same career.
We recommend that you contact us and discuss getting a second job with an attorney who can help you navigate the nuances of the law.
Obtaining a New Job with a New Employer
Your doctor should be the first person you consult with before considering a new form of employment. Your doctor will need to green light the position to discuss:
- Restrictions
- Accommodations
If your new position will not negatively affect your condition, it may be something that you want to pursue. You may have no interest in returning to the same career that you were in, and a new job in a career you want to pursue may be worth it.
What Are the Guidelines for Alternative Employment?
If your accident occurred after July 1, 2023, you may receive reduced benefits that can last up to 350 weeks. Weekly benefits cannot exceed $533, but these benefits are only available if you could only get a lower-paying job.
For example, if you earned $1,000 a week at the job that you can no longer do because of your injuries but got a new job making $600 per week, you may be able to receive reduced benefits.
Workers’ compensation laws are complex, and while they’re in place to protect workers, insurers do want to minimize risks, settlements and benefits when possible.
You filed a workers’ comp claim, and your injuries will require restrictions and accommodations that still need to be met.
Discuss Medical Restrictions and Accommodations Before You Change Jobs
If you’re considering taking a new job or making a career change, it’s important to discuss medical restrictions and accommodations with your doctor first. Bring a detailed job description of the position you’re considering to your appointment and ask whether you will need to:
- Request accommodations
- Adhere to any restrictions
Accepting a new position without talking to your doctor first can complicate your benefits. You may start working in a position you’re not physically ready for and exacerbate your injuries. Alternatively, the insurance company may determine that you are no longer disabled and terminate your benefits if the position requires a person to be healthy and fully able-bodied.
If you do get the go-ahead from your doctor, make sure that you discuss any restrictions or accommodations with the employer beforehand. The workers’ compensation insurance company will also need to be notified about the new position, including when you will start, what you will be doing and how much you’ll be earning.
Consider a Different Position with Your Current Employer
For many injured workers, medical restrictions are the primary motivation behind getting a different job.
However, before you start looking for a job elsewhere, consider talking to your current employer to explore other options.
Your current employer may be able to offer you a position on light duty that allows you to continue working safely. They are not required to offer this option, but it’s worth discussing.
Consult with an Attorney First if You’re Thinking About Getting a Different Job
Getting a different job may complicate your workers’ compensation benefits. Even if your doctor gives you the green light to work in the new position you’re considering, consult with an attorney first.
A workers’ compensation attorney can help you understand how your new position may affect your benefits and advise you on the best course of action in your case.
If you have concerns about changing jobs while receiving WC benefits, don’t hesitate to contact or call The Law Offices of Darwin F. Johnson to schedule a consultation to discuss your options.
