It’s not always an easy question to answer. Here’s what you need to know.
What is Workers’ Compensation?
In New Jersey, the workers’ compensation program compensates employees who suffer injuries while working. The benefit program provides medical care and various sorts of financial assistance to employees related to their disability.
Additionally, the law permits workers to claim wage benefits when they are entirely unable to work after a job-related injury.
Can You Work While on Workers’ Comp?
Now, can you work from home while receiving workers’ comp?
The answer is not cut and dry.
The general rule is that if you work while drawing workers’ compensation benefits, you must tell your employer and the workers’ compensation insurance company. This includes remote or telecommuting work.
The workers’ compensation insurer has the right to investigate your ability to work if they learn that you’re working or suspect that you’re working. If their investigation shows that you’re healthy enough to work, there is a risk that they will terminate your benefits.
In general, if the work you’re doing is drastically less demanding than your other work, you might be OK. But if you’re concerned that doing remote work could affect your benefits, it’s best to ask an expert before you move forward.
What about People Receiving Permanent Disability Benefits?
If you’re receiving permanent disability benefits, working from home may not be permitted. There are limitations to the kind of work you can do, the amount of time you may work, your productivity, and many other factors.
If your productivity is higher than the legal thresholds, the workers’ compensation insurer may terminate your benefits instantly. Therefore, you must notify your worker’s compensation provider and follow their guidelines regarding your ability to work while getting your injury compensation.
Some people receive temporary disability benefits and receive authorization to work. In this case, they can work from home without impacting their benefits. You should consult with an experienced workers’ compensation attorney to determine what kind of work you can do while maintaining your eligibility for workers’ compensation benefits.
Contact a Workers’ Compensation Attorney
Working remotely or from your home while receiving workers’ compensation, adds a layer of complexity. If you’re considering it, there are certain guidelines to follow. Working from home can endanger your claim for benefits. This is because working, even remotely, could be interpreted as good health by an insurance investigator.
Working with a qualified workers’ compensation attorney ensures you won’t miss anything that puts your claim at risk. Remember that maintaining your legal right to your benefits while recovering from an on-the-job injury should be your top priority. For more information about workers’ compensation or to speak to someone about your workplace injury, contact Livingston DiMarzio Brown, LLP at (973) 943-4961.
