If you’ve been injured on the job in South Carolina, you may wonder if you can continue working while you’re recovering. The answer to this question depends on your specific situation. In some cases, working a limited number of hours while you’re on workers’ compensation may be possible. However, in other cases, it may not be possible to work at all. If you’re unsure what to do, it’s important to speak with an experienced workers’ compensation attorney who can help you through the process.
If you have been injured at work, contact an experienced workers’ comp lawyer at The Law Offices of Jason E. Taylor today. A lawyer can help you file a workers’ compensation claim, understand your rights and options, and can fight for the full benefits that you are entitled to.
Working in Rock Hill, SC While Receiving Workers’ Compensation Benefits
It is not uncommon for an injured worker to want to return to work as soon as possible. After all, bills do not stop coming in just because you can no longer go to your job physically. In South Carolina, workers’ compensation benefits are designed to help offset the financial burden of being out of work due to a work-related injury or illness.
In some cases, an injured worker may be able to return to work on a limited basis while still receiving workers’ compensation benefits. This is typically called “light-duty” work. For an injured worker to qualify for light-duty work, the following must be true:
- The employer must have light-duty work available for the employee.
- The injured worker must be able to perform the job’s essential functions with reasonable accommodations.
- The injured worker’s doctor must approve the return to work on a light-duty basis.
It is important to note that not all employers have light-duty work available for injured employees. Additionally, even if an employer has light-duty work available, the injured worker may not be able to perform the job’s essential functions with reasonable accommodations. In these cases, an injured worker can’t return to work on a limited basis while still receiving workers’ compensation benefits.
If you have been injured at work and are unsure whether you can return to work on a limited basis, contact an experienced workers’ compensation attorney. A lawyer can review your case and help you understand your rights and options.
Can You Work a Part-Time Job While Collecting Workers’ Compensation Benefits in Rock Hill, SC?
Another common question that injured workers have is whether or not they can work a part-time job while still receiving workers’ compensation benefits. The answer to this question depends on the type of benefits that the injured worker is receiving.
If an injured worker receives temporary total disability (TTD) benefits, they are not allowed to work any job, even a part-time job. This is because TTD benefits are designed to replace a worker’s lost wages while they are completely unable to work.
However, if an injured worker receives temporary partial disability benefits (TPD), they may be able to work a part-time job. TPD benefits are designed to replace a portion of a worker’s lost wages while they can work on a limited basis. To receive TPD benefits, the following must be true:
- The injured worker’s doctor must release them to return to work on a part-time basis.
- The injured worker must be able to earn less than their pre-injury wage.
If an injured worker can return to work part-time but still earn more than their pre-injury wage, then they will not be eligible for TPD benefits.
What Happens If I Find a New Job While Receiving Workers’ Comp?
If you can return to work but are working light-duty, you can find a new job. The process works as if you were looking for a job while not on workers’ compensation. You can look online, in the newspaper, or anywhere else jobs are posted.
Once you find a new job, you will need to notify your employer of your plans to leave your current position. However, you can work at your new job and continue receiving workers’ comp benefits. Your benefits may be reduced or discontinued if your new job is at an equal or higher salary than your original position before you were injured.
Before accepting a new job, you must be cleared for the new position by your doctor. If you accept the position and later find that your injury prevents you from properly performing your new duties, you may be forced to quit and leave with no income. Therefore, be sure that you are physically and mentally able to complete the tasks required by your new job before giving notice at your current job.
What If I Had a Second Job Before the Injury?
Many South Carolinians have more than one job. If you are injured at one of your primary jobs, you will not be prohibited from working at the other one. However, you should take steps to ensure that you will continue receiving the benefits you need.
You will need to notify the workers’ compensation insurance company that you have another job and how much you earn working there. If you don’t inform the insurance company of your other job and they find out, the insurer may think you are trying to commit workers’ compensation fraud.
Can I Receive Workers’ Compensation Benefits for Both Jobs If My Disability is Permanent?
If you suffer an injury at one job and it renders you incapable of working, workers’ compensation will provide benefits for both jobs after the injury. Workers’ compensation benefits are not based on how many jobs you have but on the severity of your injury, and it is intended to help you recover a portion of your lost income.
You can claim a portion of both incomes as part of your benefits. If your injuries cause you to be permanently and totally disabled, your workers’ compensation benefits will be calculated, taking your total loss of income into account.
You deserve to get the full benefits that you are entitled to under workers’ compensation. If you have been injured at work, and need help with your workers’ comp claim, don’t hesitate to contact an experienced attorney.
At The Law Offices of Jason E. Taylor in Rock Hill, we value the attorney-client relationship and work hard to get North and South Carolina workers the compensation they need so they can focus on recovery and get back to work as soon as possible. Contact us today for a free consultation.