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Can I Receive Workers’ Compensation and Work?

Injured worker

Workers’ compensation is available at almost every company and is part of the benefits package that provides compensation for workers who are injured or suffer illness as the result of occupational hazards or mistakes. Workers’ compensation is often awarded as lump sum that will cover current medical expenses and the future inability of the worker to earn previously held wages to due injury in cases of permanent, complete disability that prevents the worker from returning to his or her job. But what happens when the worker may be able to return back to work in the future or work part-time? Can you receive workers’ compensation benefits while working part time?

Temporary Wage Loss Benefits

Wage loss benefits are often available to injured workers through a compensation package and give an employee the amount of money that he or she would have earned had the injury not occurred. This is often expressed as the difference between wages before injury and wages after the injury. If you are unable to work for a short period of time you will qualify for these benefits provided the injury was work-related and renders you physically or mentally incapable of completing work. If you can return to work later or find another job where your wages are the same or higher than previously, you cannot receive the wage loss benefits and these will cease to exist. If a worker is able to return to work only part time they may be eligible for benefits that make up the difference in previous and current wages.

Legal Obligations

Before attempting to file for workers’ compensation make sure that you understand the legal implications of doing so. In Texas, there are only 30 days within which a worker may apply for benefits following an accident. Additionally, the employer may have certain contractual agreements specifying which doctors an employee may use. If you file for workers’ compensation and unemployment but have not been diagnosed with a permanent disability, meaning that you do have the ability to go back to work in the future and the workers’ compensation is simply for lost wages, you will be disqualified from receiving the unemployment benefits and can run into legal troubles.

If you have questions about filing for workers’ compensation or do not understand what you may qualify for contact our office today. Your employer is obligated to compensate you for injuries sustained on the job whether through workers’ compensation or a lawsuit, so we can help you figure out which route will get you the benefits you deserve.