Can You Work While on Workers’ Comp in Louisiana?

If you’ve been injured at work, Louisiana law provides you with benefits to collect while you recover through its workers’ compensation system. However, the benefits are only available to those who aren’t working – generally, you cannot work while receiving Louisiana workers’ comp benefits.

Understanding Workers’ Compensation Benefits in Louisiana

The idea behind Louisiana workers’ compensation laws is that if you’re able to work despite your injuries, you might not qualify for the full benefits offered by the program. This system is designed to support those who are truly unable to work due to a job-related injury or illness.

In Louisiana, workers’ compensation insurance is a vital safety net for employees who suffer from work-related injuries or illnesses. Here’s what this essential coverage includes:

• Medical Care: Covers the cost of medical treatments you need, such as doctor visits, surgeries, and rehabilitation.
  
  
• Indemnity Benefits (Lost Wages): Compensates you for lost wages if you’re unable to work while recovering.
  
  
• Disability Benefits: Provides payments if your injury results in temporary or permanent disability, preventing you from returning to work.
  
  
• Ongoing Care: Offers support for severe injuries that lead to long-term or permanent disabilities.
  
  
• Death Benefits: Provides financial compensation to your family in the tragic event of a work-related death.

These benefits are designed to help injured workers recover and regain stability. However, a common concern is whether you can continue working while still receiving these benefits.

Working While Receiving Workers’ Comp in Louisiana: The General Rule

In Louisiana, the general rule is simple: you cannot work while receiving workers’ compensation benefits. These benefits are designed to help those who are unable to work due to a job-related injury or illness. If you’re able to work, it may indicate that your injury isn’t serious enough to qualify for these benefits.

However, there are exceptions that might allow you to work while still receiving some workers’ comp benefits.

When You Can Work While on Workers’ Comp

1. Receiving Medical Benefits Only

If your doctor gives you the green light to return to work but you still need ongoing medical care, you can keep working and continue to receive workers’ comp benefits for your medical treatment. 

For instance, you might work under certain restrictions or in a modified role while still getting the medical benefits you need.

2. Light Duty Assignments

 If your injury prevents you from doing your regular job, your doctor may clear you for “light duty” work—tasks that are less physically demanding. You can take on this modified role and still receive medical benefits. 

Keep in mind that refusing a light-duty assignment could result in losing your benefits.

3. Receiving Supplemental Earnings Benefits (SEB)

If your injury allows you to work but you can’t earn as much as before, Louisiana’s SEB program can help. SEB covers the difference between your old income and what you’re earning now. If you move to a job that pays less than your previous role, you can continue receiving SEB benefits. 

But, if your new job pays more than your old one, you’ll lose these benefits.

4. Permanent Partial Disability (PPD)

If your injury has led to a permanent partial disability, like losing the use of a limb, you may still be able to work while receiving PPD benefits. These benefits are meant to compensate for the permanent loss of function, not to replace lost wages. 

You can return to work in a different role and keep receiving PPD benefits.

When Working Could Cause You to Lose Benefits

1. Receiving Indemnity Benefits

Indemnity benefits are for those who are completely unable to work because of a total disability. These benefits are a percentage of your pre-injury wages. 

If you start working while getting indemnity benefits, you’ll likely lose them, since the system assumes you’re no longer fully disabled.

2. Legal Risks of Undisclosed Employment

Working without reporting it to your employer or workers’ comp insurance provider can have serious legal consequences. Louisiana law requires you to report any income while receiving workers’ comp benefits. 

Failure to do so could be seen as fraud, leading to the loss of your benefits and possible civil or criminal penalties.

What to Do If You’re Considering Working While on Workers’ Comp

Before you decide to work while receiving workers’ comp benefits, it’s important to understand how this decision could impact your benefits.

Follow these steps to navigate the process smoothly:

• Talk to Your Doctor: Start by consulting with your treating physician. They will evaluate whether you’re physically ready to return to work and, if so, whether you need to take on a lighter, less demanding role. Their approval is key to ensuring that you’re fit to work safely.
  
  
• Consult a Workers’ Comp Lawyer: Workers’ comp laws can be complex, and every situation is unique. A knowledgeable workers’ compensation attorney can clarify your rights and help you avoid unintentionally losing your benefits. If you’re thinking about returning to work permanently, they can also assist in negotiating a fair settlement.
  
  
• Be Transparent with Your Employer: Honesty is crucial. Inform your employer and the workers’ comp insurer about your intention to return to work, whether it’s in a light-duty role or a different job. This transparency ensures you comply with legal requirements and helps you avoid potential penalties.
  
  
• Assess Your Financial Situation: Carefully consider how returning to work will affect your finances. If starting a new job means losing your workers’ comp benefits, make sure your new income is sufficient to cover your living expenses and any ongoing medical costs.

What to Do If You’ve Been Injured at Work

If you’ve been hurt on the job, your first priority should be getting medical attention. This isn’t just important for your health—it’s also critical for your workers’ comp claim. Medical treatment not only helps you heal but also provides the necessary documentation to support your claim.

That said, it’s possible that your workers’ compensation claim could be denied by your employer, the insurance company, or even the state. In such cases, having an experienced Louisiana workers’ compensation lawyer by your side is vital to ensure you get the benefits you deserve.

At Gordon McKernan Injury Attorneys, we have 679+ years of combined legal experience helping clients successfully navigate their workers’ compensation claims. Call us at 888.501.7888 for a free consultation. We’re dedicated to fighting for the compensation you need and deserve.