Workers’ compensation benefits exist to provide financial relief to injured workers in California when they are unable to earn income due to job-related injuries. Some injuries prevent victims from continuing with their job duties while they recover, but you may wonder, “Can I get another job while on workers’ comp in California?”
The answer to this is challenging, and each injured worker in California will have different opportunities when it comes to working after an injury on the job. It’s possible to find new work after your injury, but you must comply with your doctor’s orders and follow any medical restrictions that apply to you after the injury.
Can I Get Another Job While on Workers’ Comp in California?
The Bureau of Labor Statistics recorded 363,900 nonfatal illnesses and injuries from private industry employees throughout California in 2023. Of these cases, about 236,700 were classified as severe, most of which involved several days away from work, required new job transfers, or required medical restrictions during recovery.
The workers’ compensation system can provide two forms of compensation to an injured worker in California if their claim is approved. As long as they are injured while working in good faith, they can potentially receive full medical expense coverage from their employer’s insurance carrier and ongoing disability benefits if they are unable to work while they recover.
These benefits can be paid in either partial or total designations. Partial disability benefits are paid when a worker can still work in a limited capacity but cannot earn as much income due to their injury, while total disability benefits are paid if they cannot work at all. If you are unable to return to your previous job due to your injury, you could find new work and continue receiving workers’ compensation benefits as long as you comply with your medical restrictions.
When you qualify for partial disability benefits from workers’ compensation insurance, the insurance company will require you to report your weekly income and updates on your recovery. After you report how much you are able to earn, your partial disability benefits payment is adjusted accordingly to offset the difference between your current and previous earnings.
If you do find a new job, you must report it to the insurance company immediately. Your benefits may be adjusted to account for the income you earn from the new position, and you will need to continue complying with all of your medical restrictions at the new job. If the insurance company deems that your new job duties conflict with your alleged medical condition, you could be denied benefits or, worse, accused of workers’ compensation fraud.
If possible, finding a new position with your current employer is typically preferable to finding new work with a different employer when you are on workers’ compensation. It is also possible for your employer’s insurance policy to include vocational rehabilitation that could cover the cost of training you for a new position.
Ultimately, it is natural to want to maximize your earnings after a workplace injury while still qualifying for your workers’ compensation benefits, but there are strict rules you must follow to ensure you do so legally. If you have questions about your work options and your rights under the California workers’ compensation system, reach out to the Diefer Law Group and learn how we can assist you with your case.
FAQs
Q: What Are Partial Disability Benefits From Workers’ Compensation Insurance?
A: Partial disability benefits from workers’ compensation are paid when a claimant is still able to work while they recover from the injury, but only in a limited capacity, meaning they are unable to earn their usual level of income. Partial disability benefits can offset their diminished earnings, but they will need to report their weekly income to the insurance company, and benefits will cease once they are able to return to their usual job.
Q: What Is the 90-day Rule for Workers’ Compensation in California?
A: The 90-day rule for workers’ compensation in California pertains to how long an insurance company has to accept or reject a claim from an injured worker. Once you have sent your claim to your employer’s insurance company, they are required to respond within 90 days; otherwise, the claim is automatically approved. Late response may also result in increased disability benefits for the injured worker.
Q: Does My Employer Have to Hold My Job While I’m on Workers’ Compensation?
A: Your employer is generally required to hold your job while you are on workers’ compensation. They may hire a temporary replacement during your recovery, but they cannot fire you for being out on workers’ compensation. However, your employer could have a legitimate reason for firing you, such as an issue unrelated to your injury or for a business purpose. If you are fired in this way, this should not affect your workers’ compensation benefits.
Q: What Is Reasonable Accommodation for an Injured Worker in California?
A: Reasonable accommodation for an injured worker in California typically entails small adjustments that allow the worker to continue their job duties while managing their injury. For example, this could mean providing specific tools, furniture, or a new working space to account for the injury. Accommodation is considered reasonable as long as it does not cause undue hardship for the employer.
Q: Should I Hire a Lawyer for a Workers’ Compensation Claim in California?
A: It’s a good idea to hire a lawyer for a workers’ compensation claim in California. While the workers’ compensation claim filing process may seem straightforward at first, the reality is that you could encounter various complications with your case that only an attorney will know how to resolve. Having legal counsel you trust on your side significantly improves your chances of reaching a positive outcome for your case.
The attorneys at the Diefer Law Group have the experience necessary to answer all of the questions you have about workers’ compensation in California. If you are worried about whether you can get a new job while on workers’ comp in California and how this could affect your benefits, we can review the details of your situation and help you understand your options. Contact us today to schedule a free consultation and learn how we can help.
