When an injury sidelines you from your job, the uncertainty can feel overwhelming. Many injured workers in Massachusetts worry about how they’ll support their families while recovering and receiving workers’ compensation benefits. A common question arises during recovery: Can you work while still collecting workers’ comp benefits? The answer depends on your medical restrictions, the type of benefits you’re receiving, and whether your employer can accommodate modified work.
Understanding Workers’ Compensation in Massachusetts
Workers’ compensation in Massachusetts provides wage replacement, medical care, and rehabilitation for employees who suffer job-related injuries or illnesses. The Massachusetts Department of Industrial Accidents (DIA) oversees these claims under the Massachusetts Workers’ Compensation Act, M.G.L. c. 152. You don’t have to prove your employer was at fault; you simply need to show that your injury occurred in the course of employment.
This no-fault system means your right to compensation is generally protected—but it also means that your ability to return to work while receiving benefits depends on your doctor’s medical opinion and your ongoing earning capacity.
Working While Receiving Workers’ Comp Benefits in Massachusetts
Yes, you can sometimes work while receiving workers’ compensation benefits in Massachusetts, but strict conditions apply. The system distinguishes between different types of disability benefits, and your work ability will directly affect what you receive.
Under M.G.L. c. 152, §34 and §35, workers may qualify for:
- Temporary Total Disability (TTD): For those completely unable to work due to injury.
- Temporary Partial Disability (TPD): For workers who can perform some type of work but earn less than before the injury.
If your doctor clears you for light-duty or part-time work, you can return under TPD benefits, but your wage replacement will be reduced to reflect your new earning capacity. Returning to work prematurely or without disclosure could risk your benefits and even lead to allegations of fraud.
Partial Disability and Modified Work in Massachusetts
When your treating physician determines that you’re not fully disabled but cannot resume your pre-injury duties, you may qualify for modified or “light-duty” work. Employers in Massachusetts often try to accommodate restrictions by offering tasks that match your medical limitations—such as desk work instead of physical labor.
This arrangement benefits both sides. The employer retains an experienced worker, while you remain engaged in the workforce and continue receiving partial benefits. However, you must notify your employer and insurer of any employment changes. Failing to report income earned while receiving benefits is considered misrepresentation and can jeopardize your claim.
How Partial Wages Are Calculated Under Massachusetts Workers’ Compensation Law
When you work in a reduced capacity, your compensation adjusts accordingly. Massachusetts law sets the following formula for Temporary Partial Disability: you can receive up to 60% of the difference between your pre-injury average weekly wage and your current reduced earnings.
For instance, if you previously earned $1,000 per week and now earn $600 at a modified position, your partial disability payment would be 60% of the $400 wage difference or $240 weekly. This payment continues alongside your new earnings until you reach maximum medical improvement or return to full capacity.
Scenarios Where You Can or Cannot Work While Receiving Benefits in Massachusetts
Consider two examples that illustrate how this works in practice:
Example 1: Construction Worker on Light Duty
A Boston construction worker injures his back lifting heavy equipment and is placed on light-duty assignment by his employer. His physician restricts him from lifting more than 10 pounds. His employer reassigns him to administrative work in the site office at a lower pay rate. He continues receiving partial disability benefits based on the difference in wages, fully complying with state law.
Example 2: Retail Employee Secretly Working Another Job
A retail employee in Worcester injures her knee and receives full disability benefits. Without informing her insurer, she starts doing freelance photography jobs on weekends. When the insurer discovers the undisclosed income, her benefits are terminated, and she faces potential fraud penalties. Massachusetts treats failure to report work activity as a serious violation under M.G.L. c. 152, §14, which can result in repayment obligations or even criminal prosecution.
These scenarios show that transparency and compliance with medical restrictions are essential when working while on benefits.
Steps to Take Before Returning to Work While on Workers’ Comp in Massachusetts
If your doctor or employer suggests returning to work, proceed carefully. Here’s what to do:
- Obtain Medical Clearance – Never return without your treating physician’s written approval.
- Review Work Restrictions – Ensure your new or modified role complies with your doctor’s recommendations.
- Notify Your Insurer and Employer – You must disclose any employment activity or new income source.
- Track Your Earnings – Keep detailed pay records and submit them to your insurer as requested.
- Consult a Workers’ Comp Attorney – A Massachusetts workers’ compensation lawyer can ensure your rights and payments remain protected.
Following these steps helps you avoid disputes, benefit reductions, or allegations of misconduct.
Common Mistakes When Working While on Workers’ Compensation
Even with good intentions, workers sometimes make errors that cost them their benefits. Some of the most common include:
- Returning to work too early without medical clearance.
- Accepting “off the books” jobs or gig work.
- Failing to report part-time earnings.
- Ignoring updated medical evaluations or vocational recommendations.
- Assuming any light-duty offer must be accepted even if unsafe.
Massachusetts law protects employees from being forced back into unsuitable work, but you must actively document your restrictions and maintain communication with your medical provider and attorney.
Vocational Rehabilitation and Return-to-Work Support in Massachusetts
Massachusetts provides injured employees with access to vocational rehabilitation through the DIA’s Office of Education and Vocational Rehabilitation (OEVR). If your injury prevents you from returning to your prior occupation, OEVR can assist with retraining, job placement, or skill development. This support aims to restore your earning potential while keeping your benefits intact during the transition.
Participating in these programs can help you reenter the workforce safely and strengthen your long-term financial stability.
Employer Responsibilities and the Role of Insurers
Employers and insurers both play key roles when an injured employee attempts to return to work. Employers must:
- Offer reasonable accommodations for medically approved duties.
- Avoid retaliation or termination solely due to filing a workers’ comp claim.
- Maintain clear communication regarding modified work availability.
Meanwhile, insurers must fairly evaluate ongoing medical and wage-loss claims. If your benefits are suspended or reduced prematurely, you have the right to appeal through the Massachusetts DIA Board of Review.
When Working May Jeopardize Your Benefits
It’s important to understand that working beyond your approved restrictions or concealing income can lead to severe consequences. The DIA and insurers conduct periodic reviews and may request employment verification or medical reevaluations. If investigators determine you’ve misrepresented your ability to work, you may be ordered to repay benefits and face legal penalties.
Even unintentional errors—such as misunderstanding what qualifies as “work”—can cause benefit disputes. For example, helping a friend with physical labor or volunteer work that contradicts your stated disability level could raise red flags. Always consult your attorney before engaging in any activity that might appear inconsistent with your restrictions.
Why Legal Guidance Matters in Massachusetts Workers’ Compensation Cases
Navigating workers’ compensation law while injured can be emotionally and financially exhausting. Massachusetts statutes are designed to protect workers, but the system is complex. Having an experienced attorney ensures your benefits remain intact while exploring your right to return to work. A skilled lawyer can:
- Interpret the terms of M.G.L. c. 152 and your benefit eligibility.
- Negotiate with insurers for fair partial disability calculations.
- Defend you in hearings if disputes arise about your ability to work.
- Help you transition to new employment opportunities without losing coverage.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you were injured on the job in Massachusetts, understanding when and how you can work while receiving workers’ compensation benefits is vital to protecting your future. Our team at Brandon J. Broderick, Attorney at Law has extensive experience guiding injured workers through these complex cases. Whether you’re navigating partial disability benefits, appealing a denied claim, or considering light-duty employment, we’re here to ensure your rights are fully protected. We handle every aspect of your case so you can focus on recovery and financial stability. Contact us today to speak with a dedicated Massachusetts workers’ compensation lawyer.