Can You Still Work While Collecting Workers’ Comp in Vermont?

Getting hurt on the job doesn’t always mean you’re completely out of commission. Maybe your doctor has cleared you for light duty. Maybe you’re able to pick up a few shifts at a different, less demanding job while you heal. So can you actually do that and still collect workers’ compensation? The answer is yes, in many cases, but how it works depends on what kind of benefits you’re receiving and how much you’re earning.

It Depends on What Kind of Benefits You’re Receiving

If you’re completely unable to work, you’re likely receiving temporary total disability benefits, which generally pay two-thirds of your average weekly wage. Once you’re able to return to some kind of work, even part-time or in a reduced capacity, your situation shifts. That’s where temporary partial disability benefits come in.

Working Reduced Hours Doesn’t Mean Losing Everything

Vermont law allows injured workers to earn wages while still receiving partial compensation if their earning capacity has been reduced by the injury. Under 21 V.S.A. § 646, temporary partial disability benefits are calculated based on the difference between what you earned before your injury and what you’re able to earn now. So if you’re back at work but making less than you used to because you can’t take on the same hours or duties, you may still be entitled to a partial benefit to help make up the gap.

Why Reporting Your Earnings Matters

Here’s where a lot of injured workers run into trouble. If you go back to work in any capacity, even briefly, you need to report that to the insurance carrier. Failing to disclose earnings, or assuming a small side job doesn’t count, can lead to accusations of fraud or a benefits dispute down the road. Insurance companies review earnings closely, and inconsistencies between what you report and what shows up in payroll records can jeopardize your entire claim, not just the amount you’re paid for that period.

It’s also worth noting that going back to work doesn’t automatically end your claim for medical treatment. You can still be entitled to ongoing care for your injury even if you’ve returned to some form of employment.

Before You Take a New Job or Extra Shifts

If you’re thinking about picking up work while you’re still recovering, it’s worth understanding exactly how it will affect your benefits before you do it, not after. The rules around average weekly wage calculations, dependent benefits, and what counts as “earning capacity” can get complicated fast, and a misstep can end up costing you money you’re owed.

If you’ve been hurt at work and have questions about working while your claim is active, our Vermont workers’ compensation attorneys at Sluka Law PLC can walk you through what your specific benefits allow. We’ll help you understand your options so you don’t accidentally put your claim, or your paycheck, at risk. Give us a call for a free consultation.

Source:

legislature.vermont.gov/statutes/section/21/009/00646