- Workers' Compensation
When somebody goes out on workers compensation, they typically stay at home and recover from their injuries. The last thing they want to do is work another job while trying to get better. Not only would it be physically difficult to pull this off, but you are jeopardizing your workers’ comp claim by doing this.
Your Miami workers compensation attorney can only protect you so much. If you work a second job and don’t report it to your employer, your entire claim can be denied. Or, if it’s already been approved, your benefits can be terminated.
When our Florida workers compensation lawyers are aware that you are working a second job, they have an obligation to report it. The problem is that, sometimes, our clients don’t tell us about their second job. It’s one thing if you had this job when you went out on workers compensation. It’s another thing entirely if you accept a new job while you are collecting workers compensation benefits.
Here, we’ll discuss whether you’re able to work a second job while you are on workers compensation. We will also let you know what the repercussions will be if you’re caught working a second job without letting your employer know. If you still have any questions about your current workers comp case, contact our office directly. We will set up a date and time for you to come into the office for a free, initial consultation.
There is a Big Difference Between Continuing to Work Your Part-Time Job and Accepting a New Job
If you have a second job, your full-time employer is probably already aware of it. Many employers ask if you have any other professional commitments when they hire you. Oftentimes, having a second job can interfere with your full-time schedule.
Therefore, many workers put their employers on notice that they have a second full-time or part-time job. If your employer already knows you have a second job, there isn’t much to hide. Whether you can continue to work this second job will depend on the nature of your injuries and the duties you have at this second job.
Imagine that you work full-time as a truck driver. You are hurt in a motor vehicle accident while on the clock. You injure your neck and back. You don’t need surgery, but you do need physical therapy for at least a few months. Given the nature of your injuries, you are not able to perform the duties at your full-time job.
Imagine also that you have a second job that you work on the weekends. This second job is only part-time. You work as a cashier at a produce outlet. You are able to sit for most of your shift. Your job doesn’t involve heavy lifting and it certainly does not involve any driving. You find that you are perfectly capable of performing the duties of this second job without any problems. However, you are still unable to manage your full-time duties.
In a case like this, there would probably be no problem with your working this second, part-time job.
Legally, Nobody Can Prohibit You from Taking a Second Job or New Job While Out on Workers Compensation
Your Miami workers compensation attorney is well versed in Florida law. They know that there is nothing in writing stating that you aren’t allowed to work a second job while collecting workers compensation benefits. Each case is handled independently.
It is up to your employer and their insurance carrier as to whether they will police your working at a different job. If they feel that you are exaggerating your injuries, they can easily ask your workers’ comp doctor if your injuries are legitimate.
If your Florida workers compensation lawyer can demonstrate that the duties at your second job are completely different from those at your full-time job, you may be fine. However, even then, your employer has every right to investigate your injuries and temporarily suspend your workers’ compensation benefits until their investigation is complete.
Your Miami Workers Compensation Attorney Will Make Sure You Report This Other Job
If you have a second job and have not told your employer about it, there will be problems. Your Miami workers compensation attorney is under a duty to report this sort of behavior to the other side. If your lawyer was aware that you were working a second job and didn’t disclose it, they could be in hot water themselves. They are not going to risk their license for something like this.
Now, if your Florida workers compensation lawyers don’t know about your second job, that is different. If they are truly in the dark about this, then you can’t expect them to help you if your claim is suspended. Your attorney can only protect you when they know the facts. Many attorneys would consider withdrawing from your case if you weren’t truthful about working a second job.
One of the critical tenets of workers compensation in Florida is that you are collecting benefits because you are not able to perform your job duties. If they believe that you are performing the same duties at your second job, they will not hesitate to terminate your benefits. In fact, they have the right to demand you repay any benefits you received while working this second job.
Contact One of Our Florida Workers Compensation Attorneys Today to Schedule Your Free, Initial Consultation
People get hurt at work every day. Most of the time, our clients’ injuries are not all that serious. They are only out of work for a few weeks or months. However, when your injuries are extensive, there’s a good chance you’ll be out of work for quite some time. There will be a temptation to take on a second, part-time job just to make ends meet.
Just be careful. Before you even consider this, call and speak with one of our Miami workers’ compensation attorneys. They can answer any questions you may have and give you useful advice about your workers’ compensation claim. We do offer new clients a free, initial consultation so there’s no reason to wait.
