Many injured employees wonder whether they can continue working while receiving Florida workers’ compensation benefits. The answer depends on your medical restrictions, the type of work you perform, and how much you earn after your injury. In some situations, employees can return to light-duty or modified work and still qualify for certain workers’ compensation benefits. However, returning to full-duty employment or earning wages comparable to your pre-injury income may affect your entitlement to wage replacement benefits. Understanding how Florida’s workers’ compensation system treats returning to work can help you avoid mistakes that could jeopardise your claim while ensuring you continue receiving the benefits you are legally entitled to.
Workers’ compensation is intended to help employees recover from work-related injuries while providing medical treatment and, when appropriate, wage replacement benefits. Returning to work during your recovery is often encouraged when it can be done safely and within your authorised medical restrictions. However, doing so may affect the type and amount of benefits you receive.
Can You Work While Receiving Workers’ Compensation Benefits?
In many cases, yes. Whether you can work while receiving workers’ compensation benefits depends largely on your authorised treating physician’s recommendations and your ability to perform job duties safely.
If your physician releases you to return to work with restrictions or light-duty duties, you may be able to continue working while still receiving certain workers’ compensation benefits. The amount of wage replacement benefits available will depend on your earnings and the circumstances of your recovery.
How Florida Workers’ Compensation Rules Apply
Under Florida workers’ compensation law, if your authorised treating physician determines that you are able to return to full-duty work without restrictions, wage replacement benefits generally end even if you continue receiving medical treatment for your injury.
Similarly, if you return to restricted or light-duty work and continue earning your full pre-injury wages, you generally will not qualify for temporary wage replacement benefits because you are no longer experiencing a loss of income.
When You May Continue Receiving Wage Replacement Benefits
Some employees return to work with restrictions but earn less than they did before their workplace injury. Depending on the circumstances, they may continue qualifying for temporary wage replacement benefits under Florida law.
Examples may include:
- If your restricted work results in earnings that are less than the applicable percentage of your pre-injury average weekly wage, you may qualify for temporary partial disability (TPD) benefits if you otherwise meet the legal requirements.
- If your employer cannot provide suitable light-duty work within your medical restrictions, you may continue receiving appropriate wage replacement benefits while you remain unable to return to your regular position.
Changing Jobs While Receiving Workers’ Compensation
Some injured employees choose to accept a different job during their recovery. This may be appropriate provided the new position complies with your authorised medical restrictions and does not interfere with your recovery.
Before accepting new employment, you should discuss the position with your authorised treating physician and ensure the work does not exceed your physical limitations. You should also accurately report your new employment and earnings to the workers’ compensation insurance carrier.
What If You Have More Than One Job?
Workers who hold multiple jobs when they are injured may face additional issues when calculating workers’ compensation benefits. Depending on the facts of the claim and the applicable legal requirements, earnings from multiple covered employments may affect the calculation of your average weekly wage and your entitlement to wage replacement benefits.
Because these situations can be complex, legal guidance is often beneficial.
Always Report Your Earnings
Employees receiving workers’ compensation benefits are generally required to report all employment and earnings accurately to the insurance carrier. Failing to disclose income or providing false information can create serious legal consequences and may affect your entitlement to workers’ compensation benefits.
Frequently Asked Questions About Working While Receiving Workers’ Compensation
Can I work while receiving workers’ compensation benefits in Florida?
Yes. In many cases, you may return to work if your authorised treating physician approves the duties and they comply with your medical restrictions. Your earnings may affect your wage replacement benefits.
Will I lose my workers’ compensation benefits if I return to work?
Not necessarily. Returning to work does not automatically end your claim. However, your wage replacement benefits may change depending on your medical status and post-injury earnings.
Can I work light duty while recovering?
Yes. Many injured employees return to modified or light-duty positions that comply with their physician’s restrictions. In some situations, they may still qualify for temporary wage replacement benefits.
What happens if my employer cannot provide light-duty work?
If suitable work is unavailable and you remain medically unable to perform your regular job, you may continue qualifying for workers’ compensation wage replacement benefits if you satisfy Florida’s legal requirements.
Can I accept a new job while receiving workers’ compensation?
Yes, provided the new position complies with your medical restrictions and you properly report your employment and earnings to the workers’ compensation insurance carrier.
Do I have to report income from another job?
Yes. You should accurately report all employment and earnings while receiving workers’ compensation benefits. Failure to do so may affect your claim and could have serious legal consequences.
When should I speak with a workers’ compensation attorney?
You should consider consulting an experienced attorney if you have questions about returning to work, accepting new employment, wage replacement benefits, or any dispute involving your workers’ compensation claim.
If you have questions about returning to work while receiving workers’ compensation benefits or are experiencing problems with your claim, our experienced legal team is here to help. Call 305-377-1505 for a free consultation today. We will review your case, explain your legal rights, and work to help you pursue the workers’ compensation benefits available under Florida law.
