What Happens If You Get Caught Working While on Workers’ Comp?

workers comp PA

If you are receiving workers’ compensation for a work injury, you might decide that you should take the opportunity to earn a little extra by working another job. However, your right to continue working may be limited. When you are on workers’ comp in PA, you need to understand your obligations and the consequences you may face if you get caught working.

Can You Work While on Workers’ Comp?

If you are receiving workers’ compensation benefits, including temporary disability benefits, you technically still have the right to work. For example, you can continue working a second job even if you are temporarily disabled from working the job where you were hurt. However, you must be able to perform the job duties under your medical restrictions without aggravating your work injuries.

You should not find a new job after suffering a work injury or continuing a second job you previously had if the duties don’t fit your medical limitations. If you say your injuries prevent you from working a job and then are caught working an equally or more physically demanding job, you could face fines or even criminal prosecution.

Can Workers’ Comp Find Out If You’re Working?

Your employer, its workers’ compensation insurer, or the state workers’ compensation commission can find out if you are working a job you shouldn’t be while collecting workers’ compensation benefits.

For example, if your employer’s workers’ compensation insurer suspects that you may be able to work, they might put you under surveillance by a private investigator. They may catch you going to work at a new job or doing tasks at a second job not consistent with your claimed medical limitations.

Your employer or its insurer might also monitor your social media accounts for evidence that you are working when you shouldn’t be. Co-workers, neighbors, friends, or family could even report you to your employer, the workers’ comp insurer, or the state.

Potential Issues with Working “Under the Table” in Pennsylvania

When you decide to work “under the table” while on workers’ comp, you may cause yourself some serious issues, such as the following:

  • Your workers’ compensation benefits may be terminated since your work may show you aren’t disabled from employment.
  • You may have to reimburse workers’ compensation for any improperly paid benefits.
  • You may have to pay civil fines for workers’ comp fraud, which can include misrepresenting the severity of your injuries and your ability to work.
  • You could be criminally prosecuted for insurance fraud, with penalties of criminal fines or prison time.

Contact a Pennsylvania Workman’s Compensation Lawyer Today

If you want to know more about your rights to work while you are receiving workers’ compensation benefits, reach out to Calhoon & Kaminsky P.C. today for a free consultation with our Pennsylvania workers’ compensation attorneys.