You can usually get a new job while on workers' comp, but the change in your income will directly impact your wage benefits.
You can legally get a new job while receiving workers' compensation benefits in Indiana, but it may reduce or end your weekly wage replacement benefits depending on your earnings and work restrictions.
Navigating a new job while on workers' comp in Indiana requires careful planning to avoid losing your legal rights. A new position must strictly follow all physical limits set by your doctor.
Consulting an Indiana workers' compensation attorney helps you understand how changing jobs may affect your wage benefits and other rights under your claim.
SCHEDULE A CONSULTATIONKey Takeaways for New Job While on Workers' Comp
- You can legally change jobs while receiving workers' compensation benefits in Indiana, but doing so may affect your wage replacement benefits and other parts of your claim.
- Before accepting a new job, make sure the position fits within your doctor's work restrictions.
- Taking a second job can reduce your workers' comp benefits, so report any new income and avoid work that exceeds your medical restrictions.
- Indiana workers' compensation provides medical treatment and partial wage replacement for eligible employees, but it doesn't cover pain and suffering or every type of worker.
- Understanding how a job change affects your benefits before you accept a new position can help protect your medical treatment, wage benefits, and legal rights.
Can You Change Jobs in Indiana While on Workers' Comp?
Changing jobs while receiving workers' compensation benefits is legal, but it can affect your wage benefits and your ongoing claim. Before accepting a new position, make sure the work complies with your doctor's restrictions and understand how the change could affect your benefits.
You may no longer be able to perform your previous job because of your injury. Your benefits may not fully replace your regular paycheck, making it harder to meet financial obligations. You may also want a position that better fits your physical limitations or offers a safer work environment.
If you decide to accept a new job, make sure it doesn't require activities that exceed your medical restrictions. Before starting work, talk with your doctor.
Speaking with an Indiana workers' compensation attorney can also help you understand how changing jobs could affect your wage benefits, medical treatment, and legal rights.
How Does a New Job Affect Your Workers' Comp Benefits?
A new job can change your wage replacement benefits, but it doesn't automatically end your workers' compensation claim. The impact depends on your earnings, your medical restrictions, and whether you continue receiving approved treatment.
If you switch jobs while receiving benefits, you may still get medical benefits related to your injury. In Indiana, your employer at the time of your injury generally controls the medical treatment provided through your workers' compensation claim.
If you get a new job in another state, you may still receive workers' comp. The laws of the state where you suffered your injury apply, no matter where you work or live now.
Since changing jobs can affect both your wage benefits and your medical treatment, it's a good idea to understand the impact before accepting a new position.
Talk About the New Job With Your Doctor
Before accepting a new job, make sure your doctor agrees that your new work fits within your medical restrictions. Ask your prospective employer for a full job description so your physician can evaluate the job duties and determine whether you need restrictions or accommodations.
If you haven't fully recovered from your work-related injury, don't accept a job that exceeds your doctor's restrictions or aggravates your condition. Returning to work before fully recovering may complicate your workers' comp benefits.
For instance, if you take a job that appears inconsistent with the medical restrictions supporting your claim, the insurance company may argue you are able to do more work than previously reported. Then, you may lose some or all of your benefits.
If your physician approves the new job, talk to the employer about your current medical restrictions and any accommodations you need. Also, notify the insurance company of your new position and provide details on your job duties, start date, and pay.
SCHEDULE A CONSULTATIONAdding a Second Job While on Worker's Compensation
Another common scenario for injured Hoosiers is taking a second job while receiving workers' compensation benefits to make up for a lower salary or income. Note that the income you earn may factor into your workers' comp benefits if you have a second job.
If the second job pays as much as your main job, your wage replacement benefits may be reduced or end. Make sure you promptly report your second job earnings to the workers' compensation insurance company.
Knowingly failing to report income from a second job in order to obtain workers' compensation benefits you are not entitled to may be considered fraud and can carry serious civil and criminal consequences.
Whether you should take on a part-time job while on workers' comp depends on the specific facts of your case. If you hurt your shoulder lifting inventory in the warehouse, you cannot take a similar part-time job while getting workers' comp.
However, you may be able to accept a less physically demanding job if it stays within your doctor's work restrictions.
Getting a New Job With the Same Company
You may be able to return to work for the same employer in a light-duty or different position if it fits your doctor's work restrictions. Your employer may assign you lighter duties, move you to a different department, or modify your responsibilities while you recover.
While your employer may offer light-duty work if available, it's not required to do so. Before accepting a light-duty position, discuss your work restrictions with your doctor and your employer to make sure the job supports your recovery.
How Does Indiana Workers' Compensation Work?
Indiana workers' compensation provides medical treatment and partial wage replacement if you're injured on the job, regardless of who caused the accident. Understanding how the system works can help you make informed decisions about changing jobs without accidentally affecting your benefits.
Workers' comp provides certain benefits to eligible employees after a job-related injury. These benefits pay for reasonable medical expenses and partial income as you recover. That way, you can still support your family during the recovery process.
You're also entitled to medically necessary treatment at no cost. One of the biggest advantages of workers' compensation is that you don't have to prove fault to receive benefits.
What Counts as a Work-Related Injury in Indiana?
You can receive workers' comp in Indiana if your injury arose out of and occurred in the course of your employment. In some cases, this means an injury may still be covered even if it didn't happen on your employer's property.
For example, suppose you're in a car accident and break your arm while driving to a work-related conference. Workers' comp may cover that injury. But if you were in an accident while driving home from work, it probably would not be covered unless you were performing work duties at the time.
Another example is attending a work-related conference at an out-of-town hotel. Workers' compensation may cover injuries sustained on an escalator while attending a work-related event.
Who Qualifies for Workers' Compensation?
Workers' compensation benefits are generally available to employees, but most independent contractors don't qualify. Some employers deliberately misclassify workers as independent contractors to avoid providing workers' compensation coverage.
If you believe you have been misclassified, speaking with an Indiana workers' compensation attorney can help you understand your legal rights.
What Doesn't Workers' Compensation Cover?
Workers' compensation does have limits. It generally doesn't cover pain and suffering related to your injury. Instead, it pays for medical expenses and partial wage replacement while you recover.
In most cases, you also can't sue your employer over a workplace injury if workers' comp applies. However, you may have a separate third-party liability claim if someone other than your employer, such as an equipment manufacturer or outside contractor, contributed to your injury.
Types of Workers' Compensation Benefits in Indiana
If you were injured at work and filed a workers' compensation claim, you may receive benefits that cover reasonable and necessary medical treatment related to your injury.
These benefits can include:
- Physician visits
- Medical tests
- Hospital stays
- Prescription medications
- Wheelchairs, crutches, and other medical equipment
- Physical therapy
Workers' compensation should cover approved medical treatment related to your workplace injury until you recover or reach Maximum Medical Improvement (MMI), which is the point at which your doctor thinks your condition is no longer going to improve.
In Indiana, your employer generally has the right to choose the authorized treating physician. If treatment is denied or you disagree with the doctor's opinion, you may have options to challenge that decision.
If your injuries affect your ability to work, you may also qualify for disability benefits. The type of benefit you receive depends on your medical condition and your ability to return to work.
Temporary Total Disability
Many injured employees may qualify for Temporary Total Disability (TTD) benefits while they recover. In Indiana, TTD benefits are generally available if your authorized treating physician says you cannot work because of your injury.
TTD benefits are typically paid at two-thirds of your average weekly wage, subject to Indiana's statutory maximum. These benefits usually continue until you return to work or reach MMI.
Temporary Partial Disability
If you can return to work but only in a light-duty position or with reduced hours, you may qualify for Temporary Partial Disability (TPD) benefits. These benefits help replace part of the difference between your pre-injury wages and what you're able to earn while recovering.
Permanent Total Disability
If you reach MMI and your work injury permanently prevents you from performing any reasonable employment, you may qualify for Permanent Total Disability (PTD) benefits. Since these claims involve the most severe workplace injuries, they're much less common than temporary disability claims.
Permanent Partial Impairment
If your work injury leaves you with permanent loss of function after you reach MMI, you may qualify for Permanent Partial Impairment (PPI) benefits. In Indiana, the amount of compensation depends on the affected body part and your impairment rating under state law.
Some permanent injuries also make it impossible to return to work for which you have previous training or experience. In those situations, workers' comp may provide vocational rehabilitation services to help you develop the skills needed to return to suitable employment.
Types of Injuries That May Qualify for Workers' Compensation
If you're an employee in Indiana and your injury arose out of and occurred in the course of your employment, you may qualify for workers' compensation benefits.
Some of the most common workplace injuries include:
- Spinal cord and spine injuries
- Neck and back injuries, such as herniated discs
- Joint and shoulder injuries, such as torn rotator cuffs
- Traumatic brain injuries and concussions
- Carpal tunnel syndrome
- Repetitive motion injuries
- Hearing loss
- Vision loss
- Burn injuries
- Broken bones
- Paralysis
- Nerve damage
- Amputations
- Injuries requiring surgery
- Complex regional pain syndrome (CRPS), formerly called reflex sympathetic dystrophy (RSD)
These are only examples, not a complete list of accepted injuries. If your injury is work-related, you may still qualify for workers' compensation benefits.
FAQ for New Job While on Workers' Comp
Can My Current Employer Fire Me if I Look for Other Work While on Workers' Comp?
Your current employer can't legally fire you in retaliation for filing a workers' comp claim, but they can fire you for other reasons. Indiana is an at-will employment state, meaning employers can terminate workers without cause.
If your employer uses your job search as an excuse for a retaliatory discharge, you may have grounds for a separate lawsuit.
Do I Still Get Benefits if I Switch Jobs?
Changing jobs doesn't automatically end your workers' compensation benefits. If your new job pays less because of your work restrictions, you may qualify for TPD benefits to replace part of the difference in your wages.
To receive the correct benefit amount, you should promptly report your new job and provide updated pay information to the workers' compensation insurance company.
Can My Employer Cut My Pay While I'm on Workers' Compensation?
Your employer can't simply cut your pay because you filed a workers' comp claim. If you return to work in a lower-paying light-duty position that fits your medical restrictions, your wages may be lower, but you may qualify for TPD benefits to replace part of the difference.
If you believe your employer reduced your pay in retaliation for filing a workers' compensation claim, speak with an Indiana workers' compensation attorney about your options.
Can I Start a New Job While on Workers' Comp if I Hide It?
You can't start a new job while on workers' comp and hide it from the insurance company without committing fraud. Hiding income is a crime that will destroy your claim and potentially lead to criminal charges. Promptly report new employment to the insurance adjuster.
Will Getting a New Job Stop My Physical Therapy?
Getting a new job will not stop your physical therapy as long as the doctor says the treatment is still medically necessary. Your right to medical care depends on your physical recovery, not your employment status.
The original insurance company generally remains responsible for authorized physical therapy related to your work injury.
Get Trusted Guidance Before You Change Jobs
Changing jobs while receiving workers' compensation benefits can affect your income, medical treatment, and the future of your claim. Before you accept a new position, make sure you understand how that decision could impact your rights under Indiana law.
For more than 30 years, founding partner Randal Klezmer has focused on helping injured workers navigate Indiana's workers' compensation system.
Klezmer Maudlin PC understands how insurance companies evaluate these claims and can help you make informed decisions before changing jobs.
If you're considering a new position while your claim is still open, call our team at (317) 569-9644 or complete our online contact form to discuss your options for free.
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