In today’s economy, it’s not unusual for someone with a full-time job to also work a part-time job or have a side hustle. You may work all day and pick up a part-time shift at night, drive for a rideshare company on weekends, or run a small side business to bring in extra income.
For anyone who has been injured at their full-time job or their part-time job and has started receiving workers’ compensation benefits, a very common question they have is: “Can I still work at my other job?” The answer is: sure, but you should get specific legal advice about the effects of your choice.
Workers’ comp is tied to your ability to work
Workers’ comp wage-loss benefits are meant to replace your income when a work injury prevents you from performing your job. If you were injured at either your full-time job or your side gig, your benefits are based on your ability perform both jobs depending on your medical restrictions.
Therefore, continuing a side job while receiving benefits can raise questions. But that doesn’t automatically mean you have to stop.
If you were working your part-time job (also known as concurrent employment) or side hustle before your injury, the situation may be different than if you started a new job afterward. Your income from both jobs may be considered when calculating your average weekly wage. If your injury prevents you from working either or both jobs, your benefits should reflect the income you lost from both.
If your injury only prevents you from performing your full-time job and you are still physically capable of doing your side work, you may be able to continue doing so.
The key issue is whether the duties of your other job fit within the medical restrictions set by your treating physician. Because even if your side job seems physically less demanding, you still have to follow your doctor’s work restrictions. Failing to do so could cause serious problems with your claim.
Insurance companies often closely examine what injured workers do outside their primary job. If your activities look inconsistent with your reported injury, it may give the insurer a reason to question the claim.
One of the biggest mistakes injured workers make is assuming they don’t need to mention their side job. However, if the insurance company later discovers unreported income, it can create complications and lead to accusations of fraud, not to mention your own loss of earnings which should be compensated. These situations are complicated and should not be handled without the assistance of a skilled workers’ comp attorney. If you have questions about how your multiple jobs will impact your workers’ compensation benefits, you should immediately call a certified workers’ compensation specialist who can provide guidance and protect your benefits.