Juggling Two Jobs: Navigating Workers’ Comp Benefits and Second Employment in North Carolina

Workers’ Compensation benefits can help you pay for your medical bills, lost wages, and other related expenses if you have suffered a work-related injury or illness. However, you may wonder whether you can work a second job while receiving Workers’ Compensation benefits in North Carolina. A firm understanding of the rules and regulations around Workers’ Comp benefits is essential when navigating this situation.

What Is Workers’ Compensation in North Carolina?

Workers’ Compensation provides insurance benefits to employees injured at work. In North Carolina, employers with three or more employees must carry Workers’ Compensation insurance. If you are injured or become ill on the job, you may be entitled to Workers’ Compensation benefits, including:

• Medical expenses: Your employer’s Workers’ Compensation insurance will pay for your medical treatment related to your work-related injury or illness.
• Lost wages: If you cannot work due to your injury or illness, you may receive temporary total disability (TTD) benefits, which are two-thirds of your average weekly wage.
• Permanent disability: If your injury or illness results in a permanent disability, you may be entitled to permanent partial disability (PPD) benefits or permanent total disability (PTD) benefits.

Can You Work a Second Job While Collecting Workers’ Compensation?

The short answer is that it depends. In North Carolina, you may be able to work a second job, but there are certain restrictions you must follow. Here are some essential things to keep in mind:

• You must notify your employer and the Workers’ Compensation insurance carrier: If you plan to work a second job while receiving benefits, you must notify your employer and the insurance carrier in writing. Failure to do so could result in the suspension or termination of your benefits.
• Your second job cannot be in direct competition with your first job: If your second job is in direct competition with your first job, it could be considered a violation of your duty to mitigate damages. This means that you are expected to take reasonable steps to minimize your losses, including accepting suitable employment opportunities. If you fail to do so, your Workers’ Compensation benefits could be reduced or terminated.
• Your second job cannot aggravate your injury or illness: If your second job aggravates your work-related injury or illness, you may be ineligible for Workers’ Compensation benefits. For example, if you have a back injury and your second job requires heavy lifting, your benefits could be terminated if your injury worsens.
• Your second job cannot pay more than your average weekly wage: If your second job pays more than your average weekly wage, your Workers’ Compensation benefits could be reduced or terminated. This is because Workers’ Compensation benefits are intended to replace lost wages. If you are earning more than your pre-injury wages, you may no longer be eligible for benefits.
• You must continue to comply with medical treatment and work restrictions: If you are working a second job while receiving Workers’ Compensation benefits, you must continue to comply with any medical treatment and work restrictions prescribed by your doctor. Failure to do so could result in the suspension or termination of your benefits.

FAQs:

Q: Can Working a Second Job Impact My Workers’ Compensation Settlement?

A: If you are working a second job while receiving Workers’ Compensation benefits, it could be considered evidence that you are able to work and earn an income. This could lead to a lower settlement offer from the insurance carrier or a judge, as they may view your earning capacity as higher than if you were only receiving Workers’ Compensation benefits. It is important to report any income from a second job to your employer and the insurance carrier to avoid potential penalties or loss of benefits.

Q: What if My Second Job Is a Gig or Freelance Work?

A: If your second job is a gig or freelance work, you must still notify your employer and the insurance carrier in writing. Additionally, you must ensure that your gig or freelance work does not violate any of the restrictions and requirements outlined in your Workers’ Compensation claim. It is essential to keep in mind that Workers’ Compensation benefits are intended to replace lost wages, so if you are earning income from a gig or freelance work, it may impact your benefits.

Q: What if I Am Unable To Return to My Previous Job Due to My Injury?

A: If your injury prevents you from returning to your previous job, you may be entitled to vocational rehabilitation services through workers’ compensation. These services can help you train for a new job or transition to a different career. Vocational rehabilitation is designed to help you regain your independence and return to work as quickly as possible. Your workers’ comp attorney can help you access the appropriate vocational rehabilitation services and ensure that you receive the benefits you are entitled to.

Q: What if My Employer Retaliates Against Me for Filing a Workers’ Compensation Claim?

A: Retaliation against an employee for filing a workers’ compensation claim is illegal in North Carolina. If you believe you have been retaliated against, you should contact an experienced attorney immediately to discuss your legal options. Your workers’ comp attorney can help you file a complaint with the North Carolina Department of Labor and take legal action to protect your rights. It is important to act quickly, as there are strict deadlines for filing retaliation claims. Your attorney can help you navigate the complex legal process and ensure that your rights are protected.

Q: Can I Use the Income From My Second Job To Pay for Medical Expenses Related to My Work-Related Injury or Illness?

A: Yes, you can use the income from your second job to pay for medical expenses related to your work-related injury or illness. However, keep track of these expenses and provide documentation to the insurance carrier as required. If you receive reimbursement for these expenses from your Workers’ Compensation insurance, you must report the income from your second job to the insurance carrier, as it may impact your benefits.

Contact Ayers, Whitlow & Dressler Today

If you have been injured on the job or your employer is denying your Workers’ Compensation claim, contact Ayers, Whitlow & Dressler today. Our experienced attorneys can help you get the benefits and compensation you deserve. We will fight for your rights so that you can focus on recovering from your injury. Don’t wait; contact us today for a consultation.