Visitor Question

Will working affect workmans comp benefits?

Submitted By: Keith (Missouri)

I was at work when I stepped on a retaining wall and it fell in. I called my boss and told her I was hurt and I was going home. She told me to go back and finish the job then I could go home.

I tried to finish the job but the pain got to be too much. I am on workmans comp now but she wants me to come back for a couple hours of light duty. Will this affect my payment from workmans comp?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Keith,

Yes, your Workmans Compensation wage benefits are affected by the amount of income you make while working at your job. The percentage of Workmans Compensation paid is in direct proportion to your wages.

If you are injured and are unable to work you should not be working. Be sure to see the doctors. Follow their advice. If they say you are unable to work then you should not work. In that case you should be paid the proportionate amount of income you have been making.

If your employer says you should work and the doctor says you can’t, the decision will be up to you. If you choose to follow the doctor’s orders and stay at home while seeking treatment and recovering, you must consider the possibility your employer may terminate your employment.

Regrettably there is little you can do about that. In the alternative, you can choose to ignore your doctor’s advice and go back to work. The decision is a difficult one, and should be given every consideration before making it. Weighing and balancing the effects from either decision is the best way to decide.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 12, 2011

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