The simple answer is yes, you can sometimes work while receiving workers’ compensation in California, but only if you meet specific requirements related to your medical restrictions and your treating physician.

In addition to meeting these restrictions, you must also follow your physician’s instructions, report all of your work, and understand how partial pay rules work. Learn more below.

If you are having issues with a workers’ compensation claim in California, contact LG Law Center to learn how we can help you. We offer free consultations and would love to hear from you!

What Does “Modified Duty” Mean?

“Modified duty,” refers to returning to work with assigned tasks that match your treating physician’s restrictions. Employers may assign light or different duties as opposed to your previous position. Any tasks you perform at your employer’s request must be within the physical limits established by your treating physician.

When accepting modified duty, maintain a written record of your job description and the hours worked, and track the tasks you actually performed as well as any changes in your pain or symptoms. If the job assignments provided by your employer are unsafe or exceed your physician-established restrictions, advise your physician and employer immediately.

If your employer does not have any available modified job assignments for you, you may remain eligible for temporary disability. However, California law requires employers to attempt to provide modified job assignments; however, they cannot compel you to perform a job assignment that your physician determines you are unable to perform.

Temporary Partial Disability Benefits

Temporary Partial Disability (TPD) provides financial support to injured workers who are able to return to work but whose earnings have been limited due to their injury-related impairments.

TPD pays the difference between your pre-injury wage and the wage earned while working in restricted capacities. Temporary partial disability benefits typically cease once you have reached maximum medical improvement or when you return to your full pre-injury duties and/or hours.

Maintain records of pay stubs and employer wage records, as the claims administrator will calculate TPD based upon the wages you earn while performing work within your physician-established restrictions and your prior average weekly wage.

Report All Work to Your Claims Administrator

Regardless of whether you are earning income, reporting all work to your claims administrator is mandatory. You must include a detailed description of the work you are performing, hours, pay rate, and employer information. Failure to report your work may result in the denial of benefits or allegations of fraud.

To report work, use written notice or email, when possible, and keep copies of all correspondence sent to the claims administrator. If you experience a change in your job duties, immediately update both your claims administrator and your physician. Document any conversations you have with the claims administrator regarding your work activities and retain medical records that connect your work activities to any changes in your symptoms.

Respond Promptly to Requests for Proof

If the claims administrator requests documentation, provide prompt responses with pay stubs and employer statements. If you disagree with the claims administrator’s determination, you may file a hearing through the Workers’ Compensation Appeals Board. Contact our office for assistance with preparation of paperwork or representation of your interests if your situation becomes complex.

How Working May Impact Your Workers’ Compensation Benefits

Returning to work while you are receiving workers’ compensation may impact the amount of benefits you receive and the duration of those benefits. The extent to which your benefits are impacted will be dependent on your physician-established restrictions, the nature of the work you perform, and whether your employer or insurance company approve your modified duties.

Effect on Wage Replacement Payments

When you return to work in accordance with your physician-established restrictions, your temporary disability payment may change. Temporary disability in California is generally paid at approximately two-thirds of your pre-injury wage. If you earn income from your new job or light duty job, the insurer may offset those earnings against your benefit payments.

Maintain written evidence of hours and pay. Send copies of your pay stubs and any written job offers or modified duty agreements to your claims adjuster. If your job pays less than your pre-injury wage, you may receive partial disability benefits to supplement the difference.

Notify Your Treating Physician About Your Work Activities

Inform your treating physician about the work you are performing. The physician’s signed restrictions will determine whether you can safely engage in the work and whether you should continue to receive benefits.

Possible Reduction or Termination of Benefits

Working in violation of your physician-established restrictions may result in a reduction or termination of your benefits. If the insurer or employer believes your job assignments exceed your physician-established limitations, they may terminate your temporary disability payments and conduct an investigation into potential fraud.

Notify Both Employer and Adjuster in Writing Before Taking Outside Employment

Prior to engaging in outside employment, you must notify your employer and adjuster in writing. Failure to disclose outside employment may result in denial of benefits and potential legal consequences.

Maintain Accurate Records

Maintaining accurate records is essential when working while receiving workers’ compensation benefits. These records should include:

• Medical records
• Job descriptions
• Pay records
• Written communication with the employer or adjuster

If your benefits are terminated or reduced, contact our firm immediately so that Luis E. Gonzalez or our team may assist you in challenging such determinations.

Risks and Obligations of Working While a Claim is Open

Working while a claim is pending can affect your benefits, medical care, and your legal position. You must advise the claims administrator of any work you perform (whether full-time, part-time, freelance, or self-employed), including the exact dates of work, hours worked, pay, and job duties, so that the claims administrator and your treating physician can determine whether the work you are performing aligns with your physician-established restrictions.

Compliance with Written Restrictions from Your Doctor

You must comply with written work restrictions from your treating physician. For example, if your physician restricts you from lifting objects weighing more than 20 pounds or prohibits repetitive overhead work, taking a job that violates those restrictions may result in loss of benefits or create additional medical disputes. Retain copies of all appointment notes and letters indicating the approved duties.

Documentation of All Work Activities

Maintain documentation of all work activities, including pay stubs, time sheets, job descriptions, and emails. Such documentation will be useful if the insurer questions your ability to work or reduces temporary disability payments.

Fraudulent Misrepresentation of Income

Deliberate misrepresentation of income may result in the insurer terminating your benefits and demanding repayment of overpaid amounts. In extreme cases, fraudulent misrepresentation may result in fines or even criminal charges.

In addition, misrepresenting income will damage your credibility. Once the insurer begins to question your credibility, they may require you to undergo an independent medical examination or may begin to audit your earnings more frequently, which will delay your payment of benefits and create additional stress during your recovery.

Furthermore, if you are engaged in work that exacerbates your injury, the insurer may deny future medical care that is directly related to the aggravation of the injury. You should seek the assistance of Luis E. Gonzalez at LG Law Center if the insurer alleges you committed fraud or terminates your benefits after you advised them of the work you were performing.

Do You Need Assistance with a California Workers’ Compensation Claim?

If your injury has affected your work or benefits, you should seek assistance right away. LG Law Center, located in Ontario, California, assists injured workers like you through the workers’ compensation system and protects your rights.

We encourage you to contact us to schedule a free consultation. We will review your situation, discuss your options, and outline the steps you must take next.

If your claim was denied, delayed or your employer/insurer is not being cooperative, we can assist with paperwork and hearings. Our experienced California workers’ compensation lawyer, Luis E. Gonzalez, has handled numerous medical care, temporary disability, and permanent disability matters for injured workers.

Please bring any relevant paperwork you have available, such as medical records, employer reports, and records of any missed work. Having clear and concise documentation will allow us to assess your claim more efficiently and provide you with better guidance.

You don’t have to go through this alone. Contact LG Law Center today to obtain practical assistance with the preparation of necessary forms, deadlines, and appeals. Reach out today so we may begin working on your claim.

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