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Can I Work Even if I'm on Worker's Comp Leave?

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    Disability Payments

    • Employees who experience a debilitating injury that prevents them from returning to work for a specific time are eligible to receive compensation and medical treatment under federal and state law. The treating doctor performs a qualifying medical examination that determines the extent of the injury and the approximate time needed to heal. During the time away from work, the employer's workers' compensation insurance carrier pays the disability and medical payments.

    Medical Examination

    • When the doctor conducts the medical examination, he will make the determination as to the injured worker's work status. While away from work, an injured worker might have weekly or bi-weekly appointments with the treating doctor until he releases the injured worker to return to work.

    Temporary Disability

    • If an injured worker has a temporary disability and cannot work at his normal job, he cannot accept work elsewhere at the same time. Under workers' compensation laws, if you are capable of accepting work, then you are ready to return to work. Receiving temporary disability benefits restricts all your work activities.

    Healing

    • Workers' compensation disability payments are there to help you replace some of your lost income while you heal from a work-sustained injury. This means taking the time to let your body heal appropriately. If you try to do too much, it often exacerbates the problem, especially in repetitive motion or back injuries. What this means is that you cannot work as a volunteer, engage in extraneous sports activities, work for someone else under the table or work while you receive disability benefits. If you are capable of work, under workers' compensation laws, you are not eligible for benefits and must return to work.

    Fraud Investigation

    • Injured workers that work while on workers' compensation leave may unknowingly undergo a workers' compensation investigation. Claim examiners have the right to investigate anyone suspected of workers' compensation fraud and may hire private detectives to follow you and film or photograph you. If you are caught doing work, especially similar work that got you injured in the first place, you will be prosecuted for workers' compensation fraud that could result in criminal and civil penalties.

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