With few exceptions, you cannot work while you are on workers’ compensation. The goal of workers’ compensation benefits is to provide financial support while you recover from your work-related injury. If you can work, the insurer will assume you do not need benefits and stop providing them.
Since workers’ compensation only offers a percentage of your typical income, you may be tempted to work so you can cover your living expenses. However, doing so can put your benefits at risk. Our Florida workers’ compensation lawyers are available to help you navigate the situation and provide you with the answers you need.
Situations Where You Can Work While on Workers’ Comp
Your ability to work while receiving Florida workers’ compensation benefits can vary depending on your circumstances. While most people cannot continue to work while receiving benefits, there are exceptions for:
- Workers who are receiving temporary partial disability
- Workers who are receiving permanent partial disability
How Do Disability Payments for Workers’ Compensation Affect Your Ability To Work?
Under Florida Statutes § 440.15, you can recover four types of disability benefits through Florida workers’ comp claims:
- Temporary partial disability
- Temporary total disability
- Permanent partial disability
- Permanent total disability
If your physician and workers’ compensation have given you total disability status, you cannot work without endangering those benefits. This is because total disability designation is for people who are incapable of returning to work because of their workplace injuries. If you lose permanent total disability benefits because you worked, it could be very difficult to recover them.
Once your doctor deems you able to return to your job in a full or partial capacity, you are no longer eligible for total disability. If you can return to work at full capacity, your benefits end when you go back to work. If not, you may be eligible for temporary or permanent partial disability.
Partial Disability and Work
For temporary partial disability, you may still receive some benefits from workers’ compensation while also engaging in restricted work. Permanent partial disability also lets you recover some wage replacement benefits while working. In both cases, your wages cannot exceed a certain amount.
If your impairment rating allows you to do some work, you may be eligible for reemployment services through workers’ comp. The program pays for education and training to help you get a new job that you are capable of doing with your permanent impairments.
Going Back to Work After Maximum Medical Improvement
To receive any permanent disability benefits, you must show that you still have a disability despite reaching maximum medical improvement (MMI). MMI means:
- You have recovered as much as possible from the injury
- Further treatment may help you deal with symptoms, but it will not improve your condition
- A disabled person who has reached this stage may or may not be able to work, but either way, it does not change the fact that they are still disabled
Only a doctor can decide whether or not you have reached MMI. Our workers’ comp attorneys can help you find medical professionals to consider your case fairly.
Time Limits on Disability Benefits
If you receive temporary disability benefits from workers’ compensation, you may only be eligible for a specific period of time. Temporary total disability, for example, lasts 104 weeks.
Permanent disability benefits are difficult to obtain but typically last until you turn 75 and become eligible for Social Security benefits.
Working while on disability benefits can greatly affect your eligibility for those benefits, which could cause you to lose disability payments altogether. Consider your options carefully and discuss your case with our workers’ compensation lawyers before you decide to do any work.
How Much Does Workers’ Compensation Pay for Replacement Wages?
Workers’ compensation in Florida usually pays about two-thirds of your average weekly wage before you were injured. However, this amount cannot exceed Florida’s average weekly wage.
When you are accustomed to working for a certain income, the difference between your regular wages and replacement wages can be jarring. Our workplace injury lawyers can review your benefits and help you determine if there are other ways to receive financial help while you recover from your work injury.
Can You Appeal a Denial of Your Benefits Based on Your Ability to Work?
Yes, you have the right to appeal a denial or cessation of benefits if you disagree with the decision the insurance company made. The appeals process includes:
- Contacting your local Employee Assistance District Office (there are seven in Florida)
- Collecting evidence that proves you still qualify for the benefits you were denied, including documentation showing your inability to work more than the amount allowed by that benefit
- Entering mediation with the insurer or negotiating with them for benefits you know you deserve
- Presenting your case before a judge, if your case is especially difficult and the insurer refuses to cooperate
Rather than risking your workers’ comp benefits, you can talk with the workers’ compensation attorneys at our law firm. We can explain how working can affect your eligibility for benefits, guide you through the workers’ compensation process, and help you find the best solution for your situation.
Hire Our Workers’ Compensation Attorneys to Help
At Rosenberg & Rosenberg, we understand it is frustrating to wait while you heal from your workplace injuries. It can be especially difficult if your benefits do not cover your expenses. Our Florida workers’ compensation attorneys are familiar with the challenges and pitfalls of workplace injuries and workers’ comp benefits.
Our large, family-owned firm works with people like you so that you understand if you can still work while on workers’ compensation and, if so, what benefits you can still receive. Let us help you navigate the legal requirements and procedures so you don’t lose the benefits you need to recover your health. Contact us today to get a free consultation regarding your workers’ compensation claim.
