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Can I Receive Workers' Compensation Benefits if I'm Partially Disabled but Can Still Work Part-Time?

Part-time work may affect workers’ compensation benefits in Florida.

Yes, if a physician approves part-time work. Many disability victims, both permanent and temporary disability victims, feel the need to work and contribute something to society. But the news is not all good in this area. Working part-time while receiving disability benefits could also be a pretext for cutting off these benefits. More on that below.

Although part-time work doesn’t affect the amount of medical bill payment, part-time work could reduce the lost wage replacement benefit. So, before disability victims seek part-time work, they should always consult with a Tampa workers’ compensation lawyer about the ramifications of that decision. A lawyer can also help if an employer assigns a disability victim to a part-time position, but the victim is not up to the task for one reason or another.

Optional Part-Time Work

Sometimes, part-time work ruins eligibility for government benefits, such as Social Security Disability Insurance. However, that’s not true with regard to workers’ compensation. Most victims can work part-time, regardless of the number of hours or income, and still receive full medical benefits.

However, part-time work changes the lost wage replacement formula. Instead of two-thirds of the old AWW (average weekly wage), these victims receive two-thirds of the difference between their old and new incomes.

These issues are especially common in long-term disability cases. After several weeks or months of relative inactivity, many job injury victims are itching to punch a clock again.

Frequently, part-time work speeds up the illness or injury recovery process. People who feel more productive usually feel better about themselves. Good mental and emotional feelings often translate to better physical feelings. At the same time, insurance companies are often willing to extend benefits to a victim who isn’t perceived as a “leech” on the system.

Much like illness or injury recovery, optional part-time work is a process. Usually, either the treating physician, who is normally a company doctor in Florida, or an independent doctor must medically clear the victim for part-time work.

Mandatory Part-Time Work

Optional part-time work could be the key to a faster recovery. Mandatory part-time work could wind up being a pretext to cut off benefits.

The menial part-time work scam is one of the most common workers’ compensation employer fraud scams. Some bosses assign recovering victims to very menial part-time tasks, such as restroom attendant or even a make-work job, like sitting on a stool for several hours a day.

If the employee refuses to take that assignment, that is grounds for termination of employment and workers’ compensation benefits. Similarly, if an employee has a bad attitude about the assignment, that poor attitude is also grounds for double termination.

To short-circuit this scam, a Tampa workers’ compensation lawyer often partners with an independent physician. An independent physician usually renders a different and much more compelling opinion about what the victim can and cannot do.

Count on a Dedicated Pasco County Workers Compensation Lawyer

Victims need and deserve compensation for their serious injuries. For a confidential consultation with a board-certified workers’ compensation lawyer in New Port Richey, contact the Rooth Law Firm. Virtual, home, and hospital visits are available.