Can You Work While on Workers' Comp in California?
- Blog
- Can You Work While on Workers' Comp in California?
Discover the rules on getting a second job while on workers' comp in California and avoid penalties.
Understand the rules for Workers Comp in California and stay compliant with the law. Learn what it is, what it provides, whether you can work while on it, and why working with an attorney matters.
Yes. You can work while on worker’s compensation in California, but under certain circumstances.
What California Laws Cover Workers’ Comp?
California’s workers’ compensation system is governed by the California Labor Code and regulated by the Division of Workers’ Compensation (DWC). These laws ensure that employees who are injured or become ill due to their job can receive financial assistance and medical benefits. Employers in California are required by law to carry workers’ compensation insurance, providing a safety net for employees regardless of fault.
Under California’s no-fault system, workers’ comp benefits are available to employees who are injured while performing their job duties, no matter who caused the injury. This system is designed to protect both employees and employers from lengthy litigation.
Continue reading to learn how Consumer Attorneys can help if you were denied workers’ comp, or have questions concerning your claim.
What is Workers’ Compensation?
Workers’ compensation is a form of insurance that provides benefits to employees who suffer job-related injuries or illnesses.
Workers’ comp benefits cover medical expenses, partial wage replacement, and rehabilitation services. The primary goal of workers’ comp is to ensure that injured workers receive prompt medical care and financial support while they recover.
In California, workers’ comp applies to injuries sustained on the job, such as falls, recurring stress injuries, or sickness caused by workplace conditions. Employees are eligible regardless of whether the injury was due to their own actions or someone else’s negligence.
What Does Workers’ Comp Provide?
Workers’ comp benefits in California include several key provisions:
- Medical Treatment: Covers all necessary medical care related to the injury or illness, including doctor visits, surgeries, medications, and rehabilitation services.
- Temporary Disability Benefits: Provides wage replacement if the injury prevents the employee from working temporarily. These benefits are generally two-thirds of the worker’s average weekly wage.
- Permanent Disability Benefits: Offers compensation if the worker suffers a permanent impairment that affects their ability to work.
- Supplemental Job Displacement Benefits: Provides a voucher for retraining or skill improvement if the worker is unable to return to their previous job.
- Death Benefits: Provides financial assistance to the dependents of a worker who dies due to a job-related injury or illness.
Does My Employer have to Hold My Job While on Workers' Comp in California?
In California, employers are not required to hold your job indefinitely while you’re on workers’ compensation leave, but legal protections may apply. According to the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA), certain “eligible” employees can take up to 12 weeks of job-protected leave.
Additionally, the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) may require employers to provide reasonable accommodations, such as extended leave, if your injury results in a disability. Employers are also prohibited from retaliating against employees for filing workers’ comp claims.
Does Workers’ Compensation Differ from Disability Benefits?
Yes, workers’ compensation and disability benefits differ significantly:
- Workers’ Compensation: Specifically covers job-related injuries or illnesses. Benefits are paid by the employer’s insurance and focus on medical expenses, wage replacement, and rehabilitation.
- Disability Benefits: Covers non-work-related injuries or illnesses. These benefits are provided by the state or private insurance and typically include short-term or long-term disability payments.
Workers’ comp is tied to workplace incidents, while disability benefits are broader and not limited to employment-related conditions.
Under What Circumstances Are Employees Allowed to Work While on Workers’ Comp?
In some cases, employees may be allowed to work while receiving workers’ comp benefits, but this depends on several factors, including medical clearance and job adjustments.
Doctor’s Approval
The most critical requirement for working while on workers’ comp is obtaining your doctor’s approval. After assessing your condition, your doctor may determine that you can return to work with certain restrictions, such as avoiding heavy lifting or standing for extended periods.
Modified or Part-Time Work
If your doctor approves, you may be able to perform modified duties or work part-time. For example, if your regular job involves heavy physical labor, your employer may offer a temporary role with lighter responsibilities.
Employer Accommodations
Your employer must accommodate your medical restrictions to enable you to work while recovering. This may include changes to your job duties, schedule, or workspace. California law requires employers to engage in an interactive process to identify reasonable accommodations.
Other Considerations
Additional Jobs
If you hold multiple jobs or consider taking an additional job while on workers’ comp, there are specific rules to follow:
- Doctor Must Approve: You need medical clearance for the additional work to ensure it does not interfere with your recovery.
- You Must Report Your Income: Any earnings from other jobs must be reported to the workers’ comp insurer to avoid potential legal issues.
Is it Illegal to Work While on Workers’ Compensation?
It is illegal to work while receiving workers’ comp benefits if you conceal your employment or fail to report income from other jobs.
Concealing employment and income constitutes workers’ comp fraud, a serious offense that can result in fines, criminal charges, and the loss of benefits.
Examples of Workers’ Compensation Fraud
| Examples of Fraud | Description |
|---|---|
| Returning to your regular job but continuing to claim total disability benefits. | Claiming benefits while secretly resuming employment contradicting your claim. |
| Taking a second job without informing the workers’ comp insurer. | Working elsewhere while receiving benefits without disclosure to the insurer. |
| Misrepresenting your physical condition to receive benefits. | Exaggerating or faking injuries to qualify for benefits fraudulently. |
| Filing a claim for an injury that did not occur at work. | Reporting a non-work-related injury as work-related to secure benefits. |
| Using another person's identity to file a workers’ comp claim. | Committing identity theft to claim benefits under false pretenses. |
| Continuing to receive workers' comp payments after recovering from an injury. | Not reporting recovery and maintaining claims for benefits you're no longer eligible for. |
When to Hire a Workers’ Compensation Attorney?
If you encounter challenges with your workers’ comp claim, it may be time to hire a California Employment lawyer.
If your claim is denied or delayed without a clear reason, if your employer or insurer disputes the extent of your injury or the benefits you’re entitled to. And if your employer retaliates against you for filing a workers’ comp claim. These are all signs it’s time to get legal representation - sooner than later!
Consumer Attorneys Can Help
A workers’ comp attorney can help you through the claims process, negotiate with insurers, and ensure you receive the benefits you deserve. Call us at 1 877-615-1725, email info@consumerattorneys.com, reach out via our live chat feature on our website, or fill out our contact form.
Frequently Asked Questions
In California, you can technically take another job while on workers' comp, but you must notify your workers' comp insurer and ensure that the job does not interfere with your recovery. If the second job does not aggravate your injury or hinder your treatment, it may be allowed. However, if you are still receiving temporary disability benefits, taking on a second job might affect the amount of your benefits or disqualify you from receiving them. It's essential to maintain transparency with your insurer to avoid complications, as fraudulently working while on workers' comp can lead to serious legal consequences.
If you're caught working while on workers' comp in California, it can have serious consequences. The insurer may terminate your benefits, and you could be required to repay any benefits you received while working. In addition, you may face penalties, including fines or even criminal charges for workers' compensation fraud. Fraudulent claims could result in the loss of eligibility for future workers' comp benefits and could affect your ability to file claims in the future. Being transparent about your employment status during your recovery period is crucial to avoid these legal and financial repercussions.
The 90-day rule in California workers' compensation refers to the timeframe within which your employer or their claims administrator must accept or deny your claim after you submit a completed claim form. If no decision is made within 90 days, your injury or illness is presumed to be work-related, and you may be entitled to benefits. Additionally, during this period, you can receive up to $10,000 in medical treatment following established treatment guidelines while your claim is under consideration. This rule ensures that claims are addressed promptly and that injured workers receive necessary medical care without delay.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more
Related Articles
