When a workplace injury disrupts your livelihood, financial stress quickly follows. Many Florida workers find themselves wondering: Can I continue working in some capacity while still receiving workers’ compensation benefits? The answer isn’t always simple, because it depends on the type of benefits you’re receiving, your medical restrictions, and whether you’re working for your employer or someone else. Understanding how Florida law treats these situations is essential to avoid jeopardizing your benefits or facing allegations of fraud.
Workers’ compensation in Florida is designed to protect employees by covering medical expenses and partial wage replacement if they are injured on the job. But this system comes with strict rules. Returning to work, even in a limited or different capacity, can affect the type and amount of benefits you qualify for. Let’s break down the law, how it applies, and what workers in Florida need to know.
Florida Workers’ Compensation: An Overview
Florida’s workers’ compensation system is governed by the Florida Workers’ Compensation Law under Chapter 440, Florida Statutes. With very few exceptions, nearly every employer in the state is required to provide coverage. Section 440.09 makes clear that employers are liable for paying compensation and medical benefits for workplace injuries, establishing the foundation of the system. In practice, this means employees don’t have to prove fault, but they must show the injury arose out of and in the course of employment.
The benefits available include medical care, wage replacement, and disability coverage. These benefits vary depending on the severity of the injury and whether the injured worker is able to return to any kind of employment. Returning to work—whether light duty or outside employment—impacts the type of benefits available and the total compensation received.
Can You Work While Receiving Workers’ Comp in Florida?
The short answer: yes, you can sometimes work while receiving benefits, but the specifics depend on your medical restrictions and the type of benefits you are receiving. Florida law distinguishes between different forms of disability: temporary total disability (TTD), temporary partial disability (TPD), and permanent benefits.
Section 440.15 of the Florida Statutes governs disability and wage replacement. For example, if you are on TTD, your doctor has determined you cannot work at all, and you receive benefits accordingly. Attempting to work during this time could stop those benefits. If you are placed on TPD, you may return to work in a modified or light-duty role, and benefits will adjust based on your reduced wages.
The key factor is whether the work you’re performing is within your doctor’s approved restrictions. Performing tasks outside those restrictions could not only harm your health but also threaten your benefits.
What Happens if You Work a Second Job While Receiving Workers' Comp Benefits?
Many injured workers in Florida ask whether they can take a second job—especially if their main job cannot accommodate light-duty restrictions. Florida law requires that all earnings must be reported while receiving workers’ comp benefits. Even income from a side job can reduce or eliminate wage replacement benefits, because workers’ comp is designed to replace lost wages, not to provide a double paycheck.
Section 440.105 of the Florida Statutes specifically prohibits fraud and misrepresentation in workers’ compensation claims. This means failing to disclose outside employment—or worse, lying about it—could result in losing benefits, facing fines, or even being charged with a crime.
The Employer’s Role in Modified Duty in Florida
Florida employers are not required to create a modified-duty position for injured workers, but many do because it reduces insurance costs. If your employer offers a light-duty role within your restrictions and you refuse without a valid reason, your benefits could be suspended. On the other hand, if no light-duty work is available, you may continue receiving benefits under TTD or TPD, depending on your medical evaluation.
Employers often collaborate with insurance carriers and physicians to define what tasks are considered appropriate for an injured worker. Clear documentation and communication with your doctor are key in avoiding disputes about what work you can safely perform.
Wage Replacement and Benefit Calculations in Florida
Workers’ comp wage replacement benefits in Florida are typically calculated as two-thirds (66 2/3%) of your average weekly wage prior to the injury, up to a state maximum. Section 440.15 provides the legal framework for these calculations, including caps on maximum weekly payments and time limits on benefits.
For example, if your average weekly wage before the injury was $900, your wage replacement would be about $600 per week. If you return to a light-duty position earning $400, you may be entitled to supplemental benefits to bridge part of the gap. The purpose is to ensure you are not penalized financially for following medical restrictions.
When Working Can Put Your Florida Workers' Comp Benefits at Risk
There are several situations where attempting to work can cause serious problems:
- Working outside of your doctor’s approved restrictions.
- Failing to disclose income from another job.
- Misrepresenting your physical abilities to your employer, doctor, or insurance carrier.
- Accepting cash-based “under the table” work while on benefits.
- Ignoring employer-offered light-duty roles within your restrictions.
Each of these actions could result in suspension or termination of benefits, and in some cases, fraud investigations.
Example Scenario: Florida Worker on Light Duty
Consider a Florida construction worker who suffers a back injury and is restricted from lifting more than 15 pounds. His employer offers him a desk job answering phones at reduced pay. He accepts the job and earns $450 per week compared to his previous $900. Because of the income reduction, he may still qualify for TPD benefits to partially replace lost wages under Section 440.15. However, if he secretly takes a weekend side job doing moving work that violates his restrictions, he risks losing all benefits and facing fraud charges under Section 440.105.
Practical Tips for Florida Workers Considering Employment During Benefits
If you are considering working while receiving workers’ compensation in Florida, keep the following in mind:
- Always disclose all income sources to your employer and insurance carrier.
- Follow your doctor’s restrictions exactly.
- Ask your employer about light-duty options before seeking outside work.
- Keep copies of all medical notes, work restrictions, and correspondence.
- Consult a workers’ compensation attorney before accepting a new role.
These proactive steps can protect your benefits and reduce the risk of disputes.
Common Questions Florida Workers Ask
Q: What happens if my employer doesn’t offer light duty?
A: You may continue receiving full disability benefits until you can return.
Q: Can I work part-time at a different job?
A: Yes, but you must disclose it, and your benefits may be reduced.
Q: What if my employer’s light-duty role still exceeds my restrictions?
A: Report this to your doctor immediately.
Q: How long can I stay on TPD benefits?
A: Up to 104 weeks
Q: Do I need an attorney?
A: While not required, a workers’ comp lawyer can help ensure you don’t make mistakes that cost you benefits.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Trying to navigate Florida’s workers’ compensation laws while recovering from an injury can feel overwhelming. Questions about working while receiving benefits are common, and mistakes can have lasting financial consequences. Our team understands the struggles injured workers face, from employers pressuring them to return before they are ready to the financial strain of reduced wages.
If you’re unsure whether taking a light-duty role, a second job, or outside work will affect your benefits, we’re here to guide you. With experience handling Florida workers’ compensation cases, we can help you protect your rights and maximize your benefits. Don’t take risks with your health or your future.