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Can you still receive workers comp if you find a new job that will not bother your previous injury?

Clarksville, TN |

My husband hurt his back and has now found a new job will he still be able to receive workers comp or will have to inform his old job and quit?

Attorney Answers 4


  1. Workers Compensation benefits are subject to an offset in the amount your husband earns. If he was getting $1000.00 per week from Workers' Compensation and he now earns $900.00 per week, he MUST tell WC and his benefits will be reduced to $100.00 per week.

    If your husband had an attorney, he or she can guide you.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com


  2. I agree with Mr Candiano. He can get a new job but they will offset the amounts that he makes so he will have to keep his pay stubs and provide those to the adjuster. They will also be watching to see if his condition gets any worse or is aggravated by the new employment so he needs to be careful that he stays within his restrictions. This is a good reason to have an attorney on board to make sure that they dont try to allege that the new job is the reason that treatment should be cut off or changed


  3. Much more information is needed to analyze the question. For instance, was your husband's initial workers' compensation injury in Tennessee. Has the workers' compensation injury been settled or is he receiving temporary benefits. Without more information, it is impossible to answer the question.

    If your husband was injured and is receiving temporary benefits, then he would lose his right to temporary benefits if he, in fact, is working. He cannot be unable to work and working at the same time. If your husband's initial injury was settled for permanent partial disability, then it is unlikely that his return to work will effect his recovery. But, if your husband's initial claim was settled for permanent total disability, then his return to work would likely mean he is no longer permanently and totally disabled. You should consult an attorney and provide him or her with more information.

    -This response to an anonymous query does not create an attorney-client relationship and should not be relied upon as legal advice as to any particular matter. A legal analysis of the specific facts of each case, not just the information provided in the query, is necessary to analyze a case and to give legal advice. -I have not investigated your case and am expressing no opinion as to its merits or the likelihood of whether you would prevail. -I strongly recommend that you consult an attorney about this matter without delay to ensure your rights will not be lost or jeopardized. Time limits may apply to any claim you may have against third parties. If you wish to proceed with your claim, it is important to act immediately. Failure to do so may bar your claim based upon time limits established by statutory law, court rules or case law. If your claim is barred based upon time limits, you will not be able to pursue any action to recover damages or other relief. Because I do not represent you, I have not researched and have not advised you regarding the application of time limits to any claims you may have.


  4. More info is needed to properly evaluate, so either post more facts, or call a local WC lawyer