The simple answer to this question is no, although there are exceptions. Florida’s workers’ compensation laws are designed to get employees back to work as quickly as possible. This means that if an employee is capable of performing their duties at work, even if they do not feel 100 percent recovered, their workers’ compensation payments will stop.
Furthermore, even if you are injured to the point that you cannot perform your usual job, if there is another job that you are capable of performing, such as a sedentary job, your insurance company can deny your benefits on that basis.
Workers’ Compensation and Multiple Jobs
Many people in Florida hold second jobs to meet their financial obligations. In many cases, the jobs are similar in nature or industry. Typically replacement wages are two-thirds of your pre-injury weekly wage. They will not be higher than the average weekly wage in Florida.
Whether your second job will be included in your average weekly wage will depend on whether your employer is required to provide workers’ compensation insurance. If your employer is not required to have workers’ compensation, the income you earn from the second job will not be considered when calculating the average weekly wage.
Temporary Partial Disability Benefits
There are other instances wherein the Florida Employee Assistance Office will allow you to work while on workers’ compensation in Florida and still collect benefits. For example, when a doctor says that you have been cleared to return to work, but with restrictions, you may be eligible for Temporary Partial Disability Benefits if you cannot earn 80 percent of the wages you were earning when you were injured. Be aware that the maximum amount of time you can receive partial benefits is 104 weeks or until the date maximum medical improvement (MMI) is reached, whichever is first.
Employees and Insurance Companies Requests for Evaluations
An insurance company can request an evaluation of your medical condition for a number of different reasons, including situations in which:
- a physician recommends the tests
- your condition has changed
- your condition appears to be improving
While the insurance company can only request one evaluation each year, it only has to give seven days of notice to you or your attorney that an evaluation is being conducted.
If you have been injured at work, there are benefits to help you, some that may even allow you to work while on workers’ compensation in Florida. For a free consultation to learn about your workers’ compensation insurance, contact the dedicated team at Chalik & Chalik Injury Lawyers at (855) 529-0269.