If you’ve filed a workers’ compensation claim in California, you may be wondering: Can I still work while receiving benefits?
The short answer is: It depends. You may be able to work while receiving certain types of workers’ comp benefits — but working in the wrong way, or at the wrong time, could put your benefits at risk or even lead to allegations of fraud.
At Employees First Labor Law, we help injured workers navigate this gray area to protect both their income and their legal rights.
🔹 Can You Work While on Workers’ Comp?
Yes, but only under certain conditions. Whether you can work while receiving benefits depends on:
- What kind of benefits you’re receiving
- Your doctor’s work restrictions
- Whether the job you’re doing violates those restrictions
🔹 Understanding the Types of Workers’ Comp Benefits
Here’s how working can affect each major benefit type in California:
✅ Temporary Total Disability (TTD)
- You’re considered unable to work at all during recovery.
- Working while on TTD is not allowed.
- If you return to work in any capacity, your TTD benefits will stop or be reduced.
✅ Temporary Partial Disability (TPD)
- You can return to light-duty or modified work.
- If your new job pays less than before, you may still receive partial wage replacement benefits.
✅ Permanent Disability (PD)
- You may be able to work with restrictions after reaching Maximum Medical Improvement (MMI).
- Your PD rating determines if you qualify for continued compensation even if you return to work.
🔹 What Kind of Work Is Allowed While on Workers’ Comp?
You can work within your doctor-approved restrictions. This includes:
- Modified duty (e.g., sitting instead of standing, no lifting)
- Reduced hours
- Different position or tasks that don’t aggravate your injury
Your employer must offer work that accommodates your restrictions. If they don’t, you may continue receiving TTD.
❗ Note: If you start working a second job, side gig, or freelance work without reporting it, this could jeopardize your benefits and expose you to fraud accusations.
🔹 What If I Can’t Return to My Old Job?
If your employer doesn’t offer suitable modified work and your doctor says you can’t return to your prior duties, you may:
- Continue to receive TTD benefits
- Qualify for Supplemental Job Displacement Benefits (a $6,000 retraining voucher)
- Pursue Permanent Total Disability (if you can’t work at all)
We can help you understand how to preserve your rights while recovering and planning your next steps.
🔹 Can I Be Penalized for Working While on Workers’ Comp?
Yes — if you work outside of your restrictions or fail to report income, you can face serious consequences, including:
- Loss of benefits
- Repayment of overpaid benefits
- Criminal charges for fraud (California Insurance Code § 1871.4)
📌 Always be honest about your work status. Even well-meaning mistakes can cost you your claim.
🔹 Why Choose Employees First Labor Law?
At Employees First Labor Law, we know that returning to work after an injury isn’t just about healing — it’s about navigating a minefield of legal, medical, and financial decisions. One wrong move can lead to denied benefits, retaliation, or even termination.
That’s why injured workers across California trust us to protect their rights every step of the way.
Here’s how we help:
✅ We Clarify Your Work Restrictions and Rights
We help you understand your doctor-imposed restrictions and how they affect your ability to return to work. If your employer offers modified duties that don’t align with your restrictions, we step in to ensure you’re not forced into unsafe or premature work that could worsen your condition.
✅ We Guide You Through Safe Return-to-Work Options
Whether it’s light duty, reduced hours, or transitioning to a different role, we ensure your return to work is legally compliant and doesn’t threaten your claim. If your employer can’t accommodate you, we fight to ensure you continue receiving full wage loss benefits.
✅ We Fight Wrongful Termination and Retaliation
You are protected under California law from being fired or penalized for filing a workers’ comp claim. If you’re demoted, harassed, or terminated because of your injury or restrictions, we take legal action — not just through workers’ comp retaliation claims under Labor Code §132a, but also through wrongful termination lawsuits under the Fair Employment and Housing Act (FEHA) and other employment statutes.
Our team of litigators are not just workers’ comp advocates — we’re employment law experts who know how to file and win high-value wrongful termination cases when employers overstep.
✅ We Maximize Both Comp and Civil Compensation
If your injury impacts your career long-term or you’ve been unlawfully fired, we coordinate your case across workers’ comp and civil court to ensure you’re compensated for:
- Lost wages and benefits
- Emotional distress
- Punitive damages (in egregious cases)
- Lifetime medical care where applicable
At EFLL, we believe no one should be punished for getting hurt at work — and no one should have to choose between recovering and earning a living. We make sure you can do both.
✅ Get a Free Consultation
If you’re unsure whether you can or should return to work while receiving workers’ comp, contact Employees First Labor Law. We’ll review your case and help you make the safest move — legally and medically.
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