If you suffered a work-related injury and filed for workers’ compensation, you might be wondering whether you should work a second job without losing your eligibility for benefits. And, more importantly, can you work a second job and avoid fraud charges?
Consulting a Fall River workers’ compensation lawyer can give you clarity about your situation. In this article, we will cover how the workers’ compensation system works in Massachusetts and employment while under workers’ compensation.
Workers’ Compensation System in Massachusetts
Massachusetts follows the “no-fault” system. This means that the law requires your employer to pay you workers’ compensation benefits regardless of whether you were liable for your work-related injuries or not. Benefits will cover:
- Partial disability. This applies if your earning capacity has been reduced due to your injuries. You will receive benefits for five years but the period can be extended.
- Healthcare services. Your benefits will cover your medication and other out-of-pocket expenses such as fuel and parking.
- Permanent loss of function. You will receive a one-time payment and this entirely depends on the percentage of the loss of function. You will receive compensation for loss of limbs, hearing, vision, loss of sexual function, and so on.
- Temporary total disability. You will be eligible to receive 60% of your weekly wage for three years.
- Permanent and total disability. This means you will never be able to secure employment due to your injuries. You will continue to receive compensation for as long as your disability lasts.
- Disfigurement or permanent scarring. You will receive benefits if the accident resulted in scars on the face, neck, or hands.
You will continue to receive workers’ compensation benefits until you are able to return to work. If there is no chance that you might fully recover, your benefits will continue for as long as you have the disability.
Workers’ Compensation Fraud in Massachusetts
If you are eligible for workers’ compensation benefits, you will continue to receive benefits until you are able to go back to work. If you claim these benefits and you take on another job, you can be charged with workers’ compensation fraud.
You are only eligible for wage replacement benefits if you can prove that you are unable to work or that you were unable to work for the period of time that you claimed the benefits. You can qualify for either partial or total wage replacement benefits. Partial benefits mean that you can still work but the total number of working hours has been reduced because of your injuries. Total wage replacement means that your injuries prevent you from going back to work. When you claim wage replacement benefits, you are declaring that you didn’t work during the time period claimed. If you worked during this time, it is a punishable offense and you will lose your right to workers’ compensation.
Additionally, fraudulent claims increase the costs of workers’ compensation for everyone involved in the system.
Can You Work A Second Job While On Workers’ Compensation
You can get a second job while receiving workers’ compensation for a work-related injury. However, you might encounter certain challenges and they include:
- Exacerbating your injuries. Your doctor has to authorize you to get back to work to avoid worsening your injuries. Should you go back to work without a go-ahead from your doctor, you stand a chance of losing any future workers’ compensation benefits.
- Your employer may decide to launch an investigation into your current condition with the intention of reducing or withdrawing your compensation.
- The insurance company might also decide to adjust your benefits so that they match your pay for the second job.
- You might be investigated for workers’ compensation fraud
In summary, you can get a second job but we highly suggest speaking to a Fall River workers’ compensation lawyer before doing so.
Should You Get a Fall River Workers’ Compensation Lawyer For Your Case?
It costs you nothing to get personalized advice from a workers’ compensation lawyer in Fall River, MA. If your injuries weren’t severe, you can handle your own claim. However, if your injuries are severe and you are unable to go back to work, it’s best to let a skilled lawyer handle your case.
At Kevin P Landry Law Offices, we will ensure that we protect your legal rights, calculate your wage benefits and handle all the paperwork. Contact us today at 508-676-0001 to schedule your free initial consultation.
