Navigating the complexities of workers’ compensation can be challenging, especially when considering additional employment. If you’re receiving workers’ compensation benefits due to a work-related injury or illness, you might wonder whether you can work another job while on workers’ compensation. The answer is nuanced and depends on several factors.
Understanding Workers’ Compensation
Workers’ compensation in Maryland provides financial assistance and medical benefits to employees who are injured or become ill due to their job. The primary aim is to support workers during their recovery period, covering medical expenses and replacing a portion of lost wages.
Type of Injury and Restrictions
- Medical Restrictions: If your doctor has placed specific restrictions on the type of work you can perform due to your injury, you must adhere to these limitations. Taking another job that violates these restrictions can jeopardize your health and your workers’ compensation benefits.
- Light-Duty Work: If your current employer offers light-duty work within your medical restrictions, you are generally expected to accept it. However, if another job aligns better with your restrictions, this could be a point of consideration.
Impact on Benefits
- Earnings and Benefit Adjustments: Workers’ compensation benefits are calculated based on your lost wages. If you take another job and earn income, it may affect the amount of your benefits. Some states allow partial disability benefits, which means your workers’ compensation payments may be adjusted based on your additional earnings.
- Reporting Income: It is crucial to report any income from another job to the workers’ compensation board and your employer’s insurance company. Failure to do so can be considered fraud and may result in severe penalties, including repayment of benefits and potential legal consequences.
State Laws and Regulations
Workers’ compensation laws vary by state, including regulations about working another job while receiving benefits. It’s essential to understand the specific rules in your state to ensure compliance and avoid complications.
Consult with Your Doctor
Before taking another job, consult with your healthcare provider to ensure the work aligns with your medical restrictions and recovery plan.
Communicate with Your Employer
Keep open communication with your employer and the workers’ compensation insurance carrier about your intentions to work another job. This transparency helps prevent misunderstandings and potential disputes over your benefits.
Seek Legal Advice
Consulting a workers’ compensation attorney can provide clarity on your rights and obligations. An attorney can help navigate state-specific regulations and ensure you make informed decisions.
How Do Workers’ Compensation Attorneys Get Paid
Navigating the complexities of a workers’ compensation claim can be overwhelming, and many injured workers turn to attorneys for assistance. One common concern is understanding how these attorneys get paid and what to expect in terms of costs.
Contingency
Workers’ compensation attorneys typically work on a contingency fee basis. This means that they only get paid if they successfully secure benefits for you. The contingency fee is a percentage of the compensation you receive, which can vary depending on the state and the specifics of your case. This arrangement ensures that legal representation is accessible to injured workers who might not have the funds to pay upfront legal fees.
The percentage taken as a contingency fee is often regulated by state law. For example, it might be capped at 15-25% of your total benefits, depending on the jurisdiction. Some states have a tiered structure, where the attorney receives a lower percentage for the first portion of the recovery and a higher percentage for additional amounts. It is essential to understand these regulations in your state to know what portion of your benefits will go to attorney fees.
Other Costs
In addition to the contingency fee, there might be other costs associated with pursuing your claim. These costs can include filing fees, costs for obtaining medical records, and fees for expert witnesses if your case goes to a hearing or trial. Typically, these expenses are deducted from your settlement or award before the attorney’s fee is calculated. It’s crucial to discuss these potential costs with your attorney upfront so that you have a clear understanding of what to expect.
Before hiring an attorney, you should have a detailed discussion about their fee structure. Many attorneys offer free initial consultations, during which they can explain how their fees work and what costs might be involved in your case. This conversation will help you make an informed decision about whether to hire that attorney and how to manage the financial aspects of your claim.
Hiring a workers’ compensation attorney can significantly improve your chances of obtaining fair compensation for your injuries. The contingency fee structure makes legal representation more accessible, allowing you to focus on your recovery while your attorney handles the complexities of your case. By understanding how these fees work and what costs to anticipate, you can better navigate the workers’ compensation process and secure the benefits you deserve.
