Can You Work While on Workers’ Compensation?

Employees who qualify for workers’ compensation benefits might consider continuing to work part-time or finding a less-demanding job elsewhere as they recover. The laws regarding whether or not you can work while on workers’ compensation will vary by state. In Nevada, an injured worker may be able to continue receiving workers’ compensation benefits as long as their wages are not equal to or greater than the wages they were making prior to the injury. However, your total benefit amount will likely be reduced.

Temporary Partial Disability in Nevada

Injured employees who are able to work, but are severely limited in their ability to perform their regular duties may qualify for Temporary Partial Disability (TPD) benefits. TPD compensates a worker for the difference between post-injury wages and the amount of benefits they would receive for Temporary Total Disability (TTD), if they were unable to work.

For example, if you normally earn $1,800 per month, TTD will compensate for two-thirds of your pay, or $1,200. If you accept a light-duty position from your employer or are working a second job, earning $1,000 each month, TPD will offset the difference by paying you $200 per month.

These benefits end either once a doctor approves you to perform your previous work duties, or once the state-imposed cap of 24 months has been reached.

Nevada’s Light Duty Rules

Employers in Nevada cannot lawfully fire a worker who is receiving workers’ comp, but many have policies requiring injured employees to accept light-duty work. If an employer has a policy in place, an injured employee normally must accept the temporary light-duty position or risk being fired and losing workers’ compensation coverage. If you or a loved one was fired while on workers’ compensation in Nevada, speak with an experienced Las Vegas workers’ compensation attorney.

Injured Employees with a Second Job

When a worker already had a second job prior to a workplace accident, this is what is known as concurrent employment. It is actually a common scenario, and fortunately, Nevada law states that both jobs count when it comes to determining an average monthly wage for workers’ compensation. So long as both employers have either worker’s comp insurance or self-insurance. However, as previously mentioned, your workers’ comp benefits can decrease if you are still able to continue working at your second job.

Penalties for Failing to Report Income

Failing to report additional income that can potentially adjust your workers’ comp benefit amount, is considered insurance fraud. Any suspicion of insurance fraud will prompt an immediate investigation by the insurance company. Workers’ comp fraud is typically prosecuted as a category D felony in Nevada, punishable by one to four years in prison, up to $5,000 in fines, and having to reimburse benefit payments.

Contact Us for Help With Your Workers’ Comp Claim

If you have questions or concerns regarding filing a workers’ compensation claim or your benefits, contact Harris & Harris Injury Lawyers. Our experienced team can help you secure the compensation you deserve after a work injury. Message us online or call (702) 384-1414 to schedule your free consultation today.

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