I am currently out on worker's comp and am allowed to return to work on light duty but my job can not accomidate my light duty restriction. I have an interview for another job that can accomidate the position but will it affect my worker's comp claim and my current job?
It will affect your income benefits. Any earnings you make on the new job will be used to calculate your new benefits. If you earn as much on your new job as you did on your old one, then you will not receive any income benefits. If you earn less than you did your old job, you may still be entitled to 2/3 of the difference as a temporary partial disability benefit. It will not affect your medical benefits. Also, if you return to work at a new job, it could lower the settlement value of your claim (since future income benefits would be lowered). If you are considering settling the claim, I suggest you talk to an attorney about settling before moving over to the new job. Either way, you have a number of issues in play and talking to an attorney would be smart. Good luck.
The previous answer was correct. You need to know that you cannot accept total disability payments in Georgia that you are not entitled to as that can result in prosecution for fraud. Returning to work for another employer would certainly affect your right to receive disability payments. If you are not receiving any temporary disability payments then that is not a problem. A return to work usually does reduce the amount of any settlement of your claim. Feel free to call me for more information.
Hal Whiteman, 404-926-3654
If you were a Federal Employee, when you were injured, you are allowed to get a second job and the OWCP will encourage you to do so, but it will impact your workers' compensation benefits. You will no longer be paid TTD. You will be paid on a LWEC formula. The OWCP will pay you part of the difference between what your DOI job pays now and what you are earning in the second job. However, this actual earnings LWEC is valid only if the second job fairly and reasonably represents your wage earning capacity. Otherwise, it will simply be a Shadrick LWEC and when the temporary second job ends, you may be able to file for a recurrence.
I urge you to get help from a union steward or a local attorney before you make a decision to accept a second job.
You are only eligible to receive temporary total disability benefits if you are not working. However, you can receive temporary partial disability benefits if you are working, but earning less than you made before the on the job accident due to light duty work restrictions. If you take a job for another company, your worker's compensation claim continues unless you have another accident at the new job. Working the new light duty job would reduce your income benefits based on the amount of money you earned. Temporary Partial Disability benefits are calculated by subtracting each weeks earnings at the light duty job from the established average weekly wage based on the 13 weeks prior to the date of accident. For a free consultation fee free to call me at 866-847-6545 or visit my website at www.griffinlawfirmpc.com.
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