Can I Work a Second Job While on Workers’ Comp in Virginia?

For more than two decades, we have helped injured Virginia workers navigate the complexities of workers’ compensation. One question that frequently arises is “Can I work a second job while on workers’ comp in Virginia?”. The answer, as with many legal inquiries, depends on various factors. Below, we’ll address common concerns and provide guidance based on our extensive experience in handling Virginia workers’ compensation cases involving secondary employment.

If you were injured at work and need assistance pursuing workers’ compensation benefits, we invite you to call our offices to schedule a free consultation to learn more about your legal rights and options.

In Virginia, the possibility of working at a second job after sustaining a work-related injury largely depends on the nature of the injury and the kind of work you’re performing at your secondary employment. If the tasks at your second job do not conflict with the medical restrictions set by your treating physician, you may be able to continue working.

It’s essential to be transparent and open about your intentions to work a second job while on workers’ compensation. Not only does this help in maintaining trust with your employer and the insurance carrier, but it also ensures that you’re not inadvertently putting your benefits at risk.

Each case is unique, and while general advice can be helpful, your situation may have particular nuances that need to be considered. Consulting with a workers’ compensation lawyer can provide clarity and direction, ensuring you make informed decisions regarding your employment while on workers’ comp.

At The Law Offices of Mark T. Hurt, we advise and support Virginia workers through their recovery and help them navigate the complexities of workers’ compensation law. If you have concerns about your ability to work a second job while receiving workers’ comp benefits, please call our offices to schedule a free consultation. We can help you understand your rights and options, allowing you to focus on what’s most important—your health and recovery.

Will I Lose My Workers’ Compensation Benefits If My Second Job Worsens My Injury?

If your secondary job worsens your condition or if it’s in violation of your work restrictions, you might jeopardize your workers’ comp benefits.

The guiding principle behind workers’ compensation benefits is to support your recovery while compensating for your inability to work as you normally would. When you undertake work at a second job that goes against medical advice or exacerbates your injury, you risk not only your health but also the continuation of your benefits.

Eligibility for workers’ compensation benefits is contingent upon an injury being directly related to and a result of employment at a primary job. If your actions—such as working a second job that aggravates your condition—contribute to a worsening of your injury, the insurance company may argue that they are no longer liable for the increased level of care you might require. In essence, they could assert that the exacerbation of your injury is not solely due to the workplace accident but also due to your decision to engage in work that further harmed your condition.

Moreover, if it is found that your continued employment at a second job violates the prescribed medical restrictions, this could be viewed as non-compliance with your treatment plan. Such non-compliance can lead to a reassessment of your benefits and potentially a reduction or termination of those benefits.

Given these potential risks, it’s advisable to:

• Consult Your Physician. Before continuing with or accepting work at a second job, discuss it with your healthcare provider. Ensure the work aligns with your medical restrictions and won’t hinder your recovery.

• Inform Your Workers’ Compensation Representative. Transparency with your employer and the workers’ compensation insurance carrier about your second job can help avoid misunderstandings. It also ensures that any adjustments to your benefits are based on a full understanding of your employment situation. However, it is advisable to speak with an experienced attorney beforehand to ensure that no information is provided that could potentially compromise your entitlement to benefits.

• Seek Legal Guidance. Navigating the complexities of workers’ compensation can be challenging, especially when balancing recovery with financial needs. Consulting with a workers’ compensation lawyer can provide clarity and strategic advice on how to proceed without jeopardizing your benefits.

At The Law Offices of Mark T. Hurt, we understand the pressures and challenges that come with sustaining a work-related injury. We are here to help you understand your rights and obligations under Virginia’s workers’ compensation laws, ensuring that your actions—whether related to a second job or otherwise—support your path to recovery without compromising your entitlement to benefits. If you’re concerned about how your second job may affect your workers’ compensation benefits, please don’t hesitate to reach out for a free consultation. 

Is It Possible To Seek New Employment While Receiving Workers’ Comp Benefits?

Yes, seeking new employment is possible and sometimes even necessary, especially if your current job cannot accommodate your post-injury restrictions. However, it’s important to ensure any new job aligns with your medical limitations. Consulting with an attorney and your physician before accepting a new position is wise to avoid any unintended consequences on your benefits. 

How Can Working In A Limited Capacity Impact Workers’ Compensation Benefits?

If you’re able to work but only in a limited capacity, your workers’ comp benefits might be adjusted accordingly.

Working in a limited capacity can take several forms, such as returning to your job with reduced hours or duties that are less physically demanding. When this happens, your workers’ compensation benefits could adjust in the following ways:

• Temporary Partial Disability (TPD) Benefits. If you return to work in a limited capacity and earn less than you did before your injury, you may be eligible for TPD benefits. These benefits are designed to make up a portion of the difference between your pre-injury and current wages. The idea is to supplement your income until you can return to your full duties or reach maximum medical improvement (MMI).
• Medical Benefits. Your entitlement to medical benefits for treatment related to your work injury typically continues, even if you return to work in a limited capacity. These benefits cover necessary medical care to treat your injury and facilitate your recovery, ensuring you don’t have to bear the financial burden of treatment costs.
• Impact on Long-Term Benefits. Working in a limited capacity doesn’t necessarily affect your eligibility for long-term benefits, such as permanent partial disability (PPD), if applicable. However, the nature of your return to work and your earnings could be factors in determining the extent of your disability and the benefits you’re entitled to.

How Can The Law Offices of Mark T. Hurt Help?

At The Law Offices of Mark T. Hurt, we’re not just attorneys; we’re advocates deeply committed to securing the rights and benefits of injured workers. Navigating the intricacies of workers’ compensation while trying to recover from an injury can be overwhelming. With our extensive experience and dedicated approach, we strive to ensure our clients receive the full benefits they are entitled to, all while guiding them through the process of maintaining or seeking new employment. 

Whether you need assistance understanding your rights under Virginia’s Workers’ Compensation Act, navigating the complexities of working another job while on workers’ comp, or contesting decisions that may affect your benefits, we’re here to help.

To discuss your specific situation and explore your options, reach out to us for a free consultation. Let us take on the legal burdens so you can focus on what’s most important – your recovery and well-being.