If you've been injured on the job, workers' compensation is meant to help cover your medical bills and lost wages while you recover. But life doesn’t stop because you’re out of work. You may find yourself wondering if it’s possible—or even legal—to work in some capacity while still receiving workers comp benefits.
This is a common concern, especially for those with partial disabilities or who are in financial need. The answer is: it depends. Your ability to work while receiving workers compensation hinges on the nature of your injury, the type of work you're doing, and the benefits you're receiving. Understanding how the system works can help you make informed decisions and avoid putting your benefits at risk.
In this article, we explain when and how you can legally work while receiving workers comp, how earnings can affect your benefits, and why speaking with a workers compensation attorney can be so important.
Types of Workers Comp Benefits and What They Cover
Workers’ compensation programs vary by state, but generally provide a range of benefits depending on the severity and duration of your injury. Common types include:
Temporary Total Disability (TTD)
If your injury temporarily prevents you from working at all, TTD benefits pay a portion of your lost wages until you’re cleared to return.
Temporary Partial Disability (TPD)
If you can return to work in a limited capacity—such as fewer hours or a different role—TPD benefits help cover the wage difference between your pre-injury and post-injury earnings.
Permanent Partial Disability (PPD)
When an injury leads to lasting impairment but you’re still able to work, you may qualify for PPD benefits.
Permanent Total Disability (PTD)
If you are permanently unable to return to any form of employment, PTD benefits may apply.
The type of benefit you’re receiving will directly impact whether you’re allowed to work and how any additional income affects your compensation.
Can You Legally Work While Receiving Workers Comp?
Yes, in some cases. If you’re receiving Temporary Partial Disability benefits, the system is designed with the understanding that you’re working in a reduced role. In this situation, your workers comp benefits typically make up the difference between your pre-injury earnings and your new, lower income.
However, if you’re receiving Temporary Total Disability benefits, working—even part-time or under the table—can be considered fraud unless you've reported the change and received approval. Doing so without disclosure can lead to serious legal and financial consequences.
If your condition has improved and you're medically cleared to return to a light-duty job or a different position, it’s essential to report this change to your employer and the workers compensation insurance carrier.
How Working Affects Your Workers Comp Benefits
Any income you earn while receiving benefits must be reported. If you fail to report earnings, you could lose your benefits entirely and even face legal penalties. Conversely, if you report your income properly, your wage-replacement benefits may be adjusted but not necessarily eliminated.
Let’s say you earned $900 per week before your injury. Now, you’ve returned to a lighter-duty job that pays $500 weekly. If your state covers two-thirds of lost wages, you may receive a weekly workers comp benefit that bridges the $400 difference.
Jobs That Might Be Allowed During Recovery
In some cases, injured workers are able to take on different types of work while they recover. Examples include:
- Desk or administrative jobs
- Part-time or freelance work
- Remote or flexible roles that don’t conflict with your physical restrictions
Before you take on any new job, talk with your treating physician and a workers comp attorney to make sure the role aligns with your medical limitations and your legal responsibilities.
Why You Should Speak With a Workers Comp Lawyer
Navigating workers compensation rules can be complex. It’s easy to unintentionally violate regulations if you’re not aware of the reporting requirements or limits on working. A qualified workers compensation lawyer can:
- Review your benefits and explain what’s allowed in your case
- Communicate with your employer and the insurance company on your behalf
- Help you appeal a denied claim or reduced benefits
- Ensure you don’t unintentionally commit fraud by taking on work
If you're unsure about returning to work or have questions about part-time employment, speaking with a workers comp attorney before making a move can protect your benefits and give you peace of mind.
Call Brandon J. Broderick For Legal Help
At Brandon J. Broderick, Attorney at Law, we know how confusing and overwhelming the workers compensation process can be—especially if you're trying to balance recovery with financial pressures.
Whether you’re returning to light-duty work or simply exploring your options, our team is here to guide you. We’ll help ensure your rights are protected, your benefits remain intact, and you’re on a clear path forward.
Contact us today to speak with an experienced workers compensation attorney and schedule your free consultation.