If you have been injured on the job and have filed a workers' compensation claim, you may be wondering if you can work another job to make ends meet, replace lost income, or keep yourself occupied.

In short, is it possible to work a second job while receiving workers' compensation benefits without losing eligibility for these benefits and risking workers' compensation fraud charges?

This article will cover a variety of workers' compensation and employment-related topics. An experienced NY workers' compensation attorney can help you determine your eligibility, explain how your state handles similar cases, and respond to any questions you may have about how workers' compensation works in New York. By consulting with a workers' compensation attorney, you gain an accurate understanding of your situation as well as recommendations to safeguard your financial future, eligibility, and knowledge of how your state handles similar cases.

Am I Able to Work Somewhere Else While Receiving Workers’ Compensation in New York?

If you have filed a workers' compensation claim but wish to seek alternative employment, you may be wondering whether you can do so while still receiving workers' compensation.

Yes, individuals who are able to work and are receiving workers' compensation for an injury sustained at their primary place of employment are permitted to work at a second place of employment.

Workers' compensation is intended to compensate you for lost wages and medical expenses related to an injury, but it is not intended to prevent you from working.

Before starting a new job, you should consult your doctor to ensure that you are physically capable of performing the duties.

Receiving Workers' Compensation Benefits While Working

There are numerous reasons you may wish to return to work, and your workers' compensation benefits should not prevent you from doing so. Some of the many different motives to continue working are the following:

  • So that you can remain active and healthy
  • So that you can continue moving your career forward
  • To provide for your family
  • Not able to sit around the house all day long

Generally, if your new job pays less than the one you held prior to your injury, you can still receive compensation for the difference. You can also continue to receive medical benefits for all injury-related medical expenses. One can still receive disability benefits if they are disabled.

We understand that you don't want to lose your benefits or have a pending case denied because you were unaware of all the dos and don'ts regarding workers' compensation.

Working with a workers’ comp attorney from our NY law firm will provide you with all of the answers you need to rest assured that you will not jeopardize your workers' compensation claim or benefits.

What Risks Might I Face While Working While Receiving Workers' Compensation?

Ensure that you have permission to work within your capacity so that you do not cause further harm. While many employees may desire to remain employed and gainful, worsening conditions that require healing may make matters worse and could potentially invalidate future benefits should the condition worsen.

When working while receiving workers' compensation, you may encounter a few of the following issues:

  • An employer who is paying for an employee's injuries through workers' compensation may be compelled to investigate the worker's condition in an effort to reduce or terminate benefits.
  • Your insurer may adjust your workers' compensation benefits in proportion to the income you earn from your second job.
  • Some forms of employment while receiving workers' compensation may not be approved and may result in an investigation into an employee's allegedly fraudulent activities. Depending on the state in which the fraud occurs, workers' compensation fraud may not only result in significant criminal charges for felonies and misdemeanors but also in severe financial penalties.

It is possible to continue working a second job or find a new job while receiving workers' compensation benefits if the second job requires less physical effort. This means that an injured worker receiving workers' compensation may be able to work a second job, even if they are unable to perform their primary job, if the second job is within their present capabilities. 

Consult an experienced New York workers' compensation attorney before deciding whether you should remain in the workforce after receiving workers' compensation benefits or how you will earn money while on workers' compensation. A lawyer can identify potential risk factors and provide state-specific guidelines for continuing to work while injured.

Let a NY Workers’ Comp Attorney at Brandon J. Broderick Help You With Your New York Workers’ Comp Claim Today

You can get a new job while on workers' compensation, but there are important details you should be aware of. Before making any decisions, you should consult with an experienced New York workers' compensation attorney.

At Brandon J. Broderick, Attorney at Law, we are committed to assisting clients with their workers' compensation cases throughout the New York City metropolitan area and the state of New York. We have the years of experience and extensive resources necessary to secure a favorable outcome for your claim.

If you've recently been injured or had a claim denied, contact us today for a free consultation to discuss your available options.


Posted by: Brandon J. Bro…
Date: Wed, 10/04/2023 - 21:40

Still have questions?

Call now and be done