Collecting workers’ compensation benefits can provide vital income when you’re unable to work due to a job-related injury. But you may be wondering: Can I pick up extra work on the side without workers’ compensation finding out?
It’s a fair question. After all, you need to support yourself and your family. However, working another job while receiving workers’ compensation benefits can jeopardize your claim and even lead to serious penalties if you’re caught.
In this article, we’ll explore how workers’ comp carriers monitor claimants, your legal obligations around reporting wages, problems that can arise from working two jobs, and why honesty remains the best policy. Let’s dive in.
How Workers’ Compensation Carriers Detect Hidden Work and Income
Workers’ comp insurance providers have become very sophisticated at detecting fraudulent claims and hidden work activities. Here are some of the ways they monitor claimants:
- Internal Audits: Carriers routinely audit random samples of claims to search for any red flags like discrepancies between medical reports and claimed disability.
- Anonymous Tips: Disgruntled co-workers or ex-spouses often call carrier hotlines to report suspected fraud. Tips spark targeted investigations.
- Social Media Monitoring: Investigators search platforms like Facebook for photos or posts that suggest you’re working or far less impaired than claimed.
- Video Surveillance: Carriers hire private investigators to conduct surveillance to document your daily routines and activities.
- Sophisticated Analytics: Advanced software flags anomalies in your case like sudden drops in medical expenses or atypical patterns in treatment and pharmacy data.
- Medical Exams: Routine checkups with physicians chosen by the carrier can reveal you’re less impaired than claimed if you try to fake symptoms.
Bottom line: workers’ comp carriers have many tools at their disposal to verify whether claimants are abiding by the legal requirements surrounding work status and income reporting. Don’t underestimate their capabilities.
Your Legal Obligations Around Reporting Work and Wages
To receive workers’ compensation benefits, you agree to follow all the program rules and laws. Two key requirements are:
1. Reporting any work activity: You must notify your claims adjuster and treating physician about any work performed during your disability period – including self-employment or side jobs.
2. Submitting wage statements: While receiving temporary disability payments, you must provide wage statements proving you have not received income from any employers.
Violating either of these obligations is considered workers’ comp fraud under state law. Common penalties include:
- Benefits reduced or fully suspended
- Obligation to repay all overpaid benefits
- Steep fines up to $150,000
- Felony fraud charges leading to jail time
Unfortunately, we’ve seen many cases here in New York where injured workers’ lives were upended after attempting to hide work activity. Avoid jeopardizing your claim by understanding and closely following your reporting duties.
Juggling Two Jobs Creates Practical Problems
Beyond legal risks, resuming work in any capacity can create tricky logistical issues to navigate:
- Scheduling conflicts: Juggling multiple work schedules plus doctors’ appointments gets complicated fast. Missing shifts due to injury treatment also raises suspicions.
- Aggravating your injury: Pushing yourself too hard by working two jobs could slow your recovery or worsen your condition.
- Losing your regular job: Some employers will terminate injured staff who miss too many shifts, even if it’s related to their claim.
Trying to maintain two incomes during disability often backfires. The safer path is focusing on healing, while keeping your employer and adjuster looped in on your progress.
Why Staying Transparent is Critical
Given all the risks, why would anyone hide returning to work from their adjuster? Often, it stems from fear of losing those vital wage replacement checks too soon.
We get it. But trying to game the system often ends disastrously. Here’s the truth: the carrier and your doctor just want to support your recovery. Keep them in the loop, and you can usually figure out a plan to phase back into work gradually, allowing you to keep earning and make progress in treatment.
However, hiding work activity almost guarantees the story ends badly. Disability checks could stop immediately. Legal consequences could derail your career and finances for years. It simply isn’t worth the risk.
Alternatives to Working Two Jobs During Disability
We know you may feel desperate to cover bills if you’re only receiving a portion of your wages. But fraud isn’t your only option. Consider these alternatives:
- File for Social Security disability benefits for added income.
- Check if you have private disability insurance through work or individually.
- You may qualify for unemployment payments from your state if you can work in a limited capacity.
- An experienced workers’ comp attorney can help maximize your settlement if your case concludes.
- Ask an attorney about negotiating a partial or gradual return to work with your employer.
- Crowdfunding through GoFundMe provides a way for family and friends to assist.
The main point? You have many more options than concealment and fraud. Protect yourself and your family by exploring them.
Get Advice Tailored to Your Situation
Every workers’ comp case involves unique facts and circumstances. Contact a NY workers’ compensation lawyer to explore your options and ensure potential work activities don’t put your benefits at risk.
Together, we can build a path forward to protect your health, livelihood, and legal rights. Call O’Connor Law in NY today – we’re here to help.