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Can I Apply for a New Job While on Workers' Comp?

Stiberth, Scarlati & Boudreau, LLC Aug. 7, 2024

If you’re receiving workers' comp benefits and contemplating applying for a new job, the question of whether that’s even allowed is sure to have crossed your mind.

It's important to understand the implications and legal considerations involved with a situation like workers’ compensation. This article aims to help you understand whether you’re allowed to apply for a new job while on workers' comp, and some other factors you may need to consider.

Understanding Workers' Compensation

Workers' compensation, commonly referred to as workers' comp, is a form of insurance that provides financial benefits to employees who suffer work-related injuries or illnesses. In Illinois, the Illinois Workers' Compensation Commission (IWCC) oversees the administration of these benefits. Workers' comp typically covers medical expenses, rehabilitation costs, and a portion of lost wages. The primary goal is to support injured workers during their recoveries and facilitate their return to work.

In Illinois, workers' compensation benefits are designed to ensure that employees do not suffer undue financial hardship due to a work-related personal injury. This includes medical benefits to cover treatment, wage replacement for lost income, rehabilitation assistance if new skills are needed to return to work, and disability benefits based on the severity of the injury. Understanding these components is essential for navigating rights and responsibilities while on workers' comp.

Legal and Practical Considerations for Job Applications

The question of whether you can apply for a new job while on workers' compensation in Illinois involves both legal and practical considerations. Legally, you are allowed to seek new employment while receiving workers' comp benefits. However, there are specific rules and regulations that you must adhere to in order to maintain your benefits and comply with state law.

Your medical conditions and the restrictions set by your healthcare providers play a critical role in determining your ability to apply for a new job. If your doctors have imposed limitations on your activities, you would need to ensure that any new job you consider would not violate these restrictions. Taking a job that exceeds your medical limitations could jeopardize your workers' comp benefits and potentially lead to further personal injury.

It’s also important to report any changes in employment status to the Illinois Workers' Compensation Commission and your respective employers’ insurance carriers. Transparency is crucial, as failing to disclose a new job could be considered fraudulent, resulting in the termination of benefits or legal consequences. Clear communication ensures that you remain in compliance with the regulations and maintain your entitlement to benefits.

Balancing Financial Needs and Career Goals

There are several reasons why you might consider applying for a new job while on workers' compensation in Chicago, Illinois. Financial stability is a significant factor, as workers' compensation benefits typically only cover a portion of lost wages. This partial compensation may not be sufficient to meet your financial needs, especially if this personal injury has led to long-term or permanent work restrictions. Seeking a new job that accommodates your medical limitations can provide additional income and help alleviate financial stress.

Career advancement is another important consideration. If your current job no longer aligns with your present career goals or the injury has made it impossible to return to your previous position, finding a new job can offer growth and professional development opportunities. A new role may present better prospects, a more supportive work environment, and the chance to pursue career aspirations despite the limitations imposed by your injuries.

Additionally, the work environment that led to personal injury might not be conducive to one’s recovery. Seeking a new job with a healthier and safer work environment can significantly benefit your physical and mental well-being. A supportive employer who understands and accommodates your medical restrictions could make a substantial difference in the recovery process and overall job satisfaction.

Managing the Job Search and Recovery Process

Searching for a new job while recovering from personal injury can be challenging, but it is possible with the right approach. First, it is essential to review your medical restrictions with your doctors. You must ensure that you have a clear understanding of what activities you can and cannot perform. It would also be wise to seek the doctors’ advice on the types of jobs that would be suitable given your condition.

When applying for new jobs, be honest about your medical restrictions and current workers' compensation status with potential employers. This transparency ensures that they are aware of any needs and can provide appropriate accommodations. It also helps to avoid any misunderstandings or conflicts that could arise from a medical condition.

According to the IWCC, the law requires you to notify the IWCC yourself and your employer's insurance carrier about any changes in employment status. Keeping these parties informed helps to maintain benefits and ensures that you are in compliance with state regulations. Maintaining open communication with all parties involved is essential for a smooth transition to new employment while on workers' compensation.

Impact on Workers' Comp Benefits

Applying for and securing a new job while on workers' comp can affect the benefits. In Illinois, your wage replacement benefits may be adjusted based on any new source of income.

Workers' compensation benefits are designed to cover a portion of lost wages, so if the new job pays less than your pre-injury job, you may still be eligible for partial wage replacement. However, if the new job pays a similar wage or more, your wage replacement benefits may be reduced or terminated.

Your eligibility for disability benefits may also be impacted. If your new role accommodates any medical restrictions and pays a comparable wage to the previous job, disability benefits might be affected. Conversely, if the new job pays less due to medical limitations, you may still qualify for partial disability benefits. Again, it is crucial to keep your medical providers and the IWCC updated on current employment status and any changes in income to ensure accurate calculation of benefits.

Medical benefits provided under workers' comp should continue for as long as you require treatment related to the personal injury. Changing jobs does not affect your right to receive medical care, but it can’t be understated how important it is to keep all relevant parties informed about your current employment status. Continued transparency and communication with your healthcare providers, employers, and the IWCC are essential for maintaining any medical benefits.

Seek Legal Assistance

Applying for a new job while on workers' compensation in Illinois is possible, but it requires careful consideration of legal, medical, and practical factors. By understanding your rights and responsibilities, communicating openly with all parties involved, and prioritizing recovery, you can navigate this transition successfully. 

Ensuring that any new employment aligns with your medical restrictions and legal obligations will help you maintain your workers' comp benefits and support overall long-term well-being. If you need help understanding your rights regarding workers' compensation, it could never hurt to seek legal counsel. Consider our team at Stiberth, Scarlati, and Boudreau, LLC. We are well-known for our knowledge of workers' compensation cases serving Chicago, Illinois, and throughout Cook County.