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Can You Still Receive Workers’ Comp Even if You Go Back to Work?

Can you still receive workers' comp even if you go back to work

Workers’ compensation is a form of insurance you don’t directly pay for, like your auto or homeowners’ insurance, but it can provide much-needed benefits if you’re injured on the job. These benefits are designed to help with medical expenses but, more importantly, for lost wages.

However, they might not compensate you for your entire salary. That might have you wondering if you can still receive workers’ compensation benefits even if you go back to work.

The answer to that question is complex and might depend on your individual circumstances.

A Second Job While Receiving Workers’ Comp Benefits

Your workers’ compensation wage benefits might not provide 100% compensation for your lost wages. That could leave you in a financial gap and have you looking for a second job. There is no law in Maryland that prevents you from quitting the job you were injured at or looking for a new job.

However, those actions could have an impact on the level of benefits you receive from the workers’ compensation insurance.

For instance, you are required by Maryland law to report any income that you earn outside of your regular job on your workers’ compensation. If you don’t report that income, you could be accused of workers’ compensation fraud.

On the other hand, reporting that income could trigger a reduction in the amount of compensation you receive from the workers’ compensation insurance. The thinking is that if you’re able to go to work, any kind of work, you don’t need the lost wage benefits.

Transitioning to a New Job

The injury you suffered at your job might prevent you from returning to that type of work. However, it doesn’t mean you can’t go back to another job. For instance, you could have sustained a back injury that prevents you from lifting heavy objects in a warehouse, but you could work at a desk job.

Qualified workers in Maryland are eligible to receive vocational rehabilitation as part of the workers’ compensation program. The vocational rehab training could be for an entirely different type of career. Here are some of the programs you can sign up for:

  • Job testing
  • New job placement
  • Vocational counseling
  • On-the-job training
  • Retraining

If you are accepted into the program, you will need to be assessed by a vocational counselor. The counselor will review your education, work history, physical limitations, and other factors to determine a possible new job opportunity.

Being Forced Back to Work

One of the requirements for receiving workers’ compensation benefits is to follow up with your doctor on a regular basis. It will be your doctor’s report that will determine if you’re able to return to work.

If they deem you are not ready, they will provide you with an “off work slip.” That is why you need to file to continue receiving your workers’ compensation wage benefits.

If your doctor clears you for work, then you could receive a notice that your benefits will be terminated, and you’ll be expected to go back to the job you had before the injury. You could also be cleared to return to light-duty capacity.

If that results in a lower wage, you could receive benefits to make up the difference.

Workers’ Compensation Challenges

As with other types of insurance, the companies that provide workers’ compensation benefits could be resistant to paying out claims. They will conduct an independent investigation to determine if the injury happened on the job and if you weren’t breaking company policy.

Even after that investigation, they could still deny the claim. In other words, filing a workers’ compensation claim does not guarantee you’ll receive the benefits.

After you receive your benefits, there could be further complications.

For instance, your employer could terminate your contract while you’re recovering. That is not allowed. When these issues arise, you need to discuss them with GDH Law. We’re a team of experienced attorneys who understand all aspects of Maryland’s workers’ compensation laws and regulations.

We can help you file an appeal for a denial or help you get the maximum amount you are owed. Our support begins with a free case evaluation. Call to set up that talk today.

 

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