What Happens to Your Workers’ Comp Benefits If You Change Jobs?

Workers’ compensation is designed to be a safety net if you get injured and can’t work for a while. Yet, if a tempting job offer comes along while you are on workers’ comp benefits, you may find yourself in a dilemma. Can you move to a new job and continue to benefit from workers’ comp, or will doing so land you in trouble?

While you may be allowed to switch jobs while receiving workers’ comp benefits, it pays to seek qualified legal advice before making a move. The workers’ compensation attorneys at Hauptman, O’Brien, Wolf & Lathrop, LLC, can ensure you receive the compensation you deserve without jeopardizing your rights. 

Contact us today for a free case review with an experienced Nebraska workers’ compensation lawyer who will explain your rights and how to protect them as you move jobs. Call (402) 241-5020 or contact us online to request a call back.

Scenarios Leading to Job Changes

You may have been perfectly happy at your current job until you got hurt. Your injury may have made you feel wary about reentering the environment where your accident happened. For some people, their injury may be so severe that it is not even possible to return to the type of work they did before. 

Reduced income

Another challenge many people receiving workers’ compensation benefits face is the reduction in their wages. From January 1, 2025, the maximum weekly income benefit in Nebraska is $1,130. This may make it a challenge to keep up with your regular outgoings and intensify your search for a better-paying job.

Change of goals

Also, the period of reflection that naturally follows a workplace injury may have given you time to reflect on what you really want to do with your life. Yet, whatever the reason for making the change, how you do it could have a big impact on your next phase.

Employer won’t hold your job

Your employer may not be legally required to hold your job open until you return or offer you alternative light duties. While an employer cannot lay you off because you filed a workers’ comp claim, he or she can let you go for other business reasons. 

Therefore, you may fear that you will lose your job anyway and need to start looking for another job even though you have not fully recovered. The good news is that even if you lose your job while receiving workers’ compensation, you will not lose your benefits. You will need a doctor’s approval to return to work before your benefits end.

Seek legal advice before changing jobs

However, before you move on to your next job, seek legal advice from a workers’ compensation attorney to ensure you have been treated fairly and legally by your current employer. Remember, it is against the law in most states to fire an employee in retaliation for filing a workers’ compensation claim. Your lawyer can also provide tailored advice so you do not lose out by moving to another job.

Changing Jobs Successfully While Receiving Workers’ Comp

From a legal standpoint, there is nothing to prevent you from changing your job while receiving workers’ compensation benefits. However, the way you go about it is important, and this is where a workers’ compensation lawyer can guide you.

Depending on the state in which you live and work, the rules may be different. A workers’ compensation attorney who is experienced in the laws of your state can provide tailored legal advice. However, the following steps could help you transition into your new role with minimal fuss.

Get to know your new job

Before accepting a new position, it is essential to find out exactly what it entails. Get a detailed job description from the company and review it with your doctor. He or she can advise you as to whether it is suitable in light of your medical conditions or whether accommodations would be needed to perform the role.

Key considerations include whether you can return to work without risking your health. The worst-case scenario would be changing jobs only to get hurt again and having to go back on workers’ compensation. 

Talk to the new employer

Before accepting a new job, it is important to be upfront with the new employer about your medical conditions and that you are currently receiving workers’ compensation. You should also discuss any accommodations that would be needed. 

It’s natural to be tempted to take a new job, especially if you are worried about losing your current one. However, if you rush into a new job and get injured again, it could make your workers’ compensation situation even more complicated. So make sure your doctor is confident and provides written authorization that the new job is suitable given your current physical limitations.

Notify the workers’ compensation insurance company

If you decide to change jobs, it is essential to be completely transparent and notify the workers’ compensation insurance company. Here is some information you should be ready to provide:

• Name of the company
• Job title
• Description of your duties
• Start date
• Salary

The workers’ compensation insurance company will send you paperwork to complete, and they will likely require written approval from your doctor stating that your new role will not exacerbate your condition. 

This is probably the most important step you can take, as any delays or failures to report your new job could lead to accusations of insurance fraud. Rather than run the risk of any complications, be upfront before you make the change.

Cautions with part-time jobs

Workers’ compensation benefits, while appreciated, do not fully compensate you for your lost wages. Typically, you will receive around two-thirds of your average weekly pay up to the maximum set by your state.

This could mean you find it hard to make ends meet and consider getting a part-time or second job to bridge the gap. In this situation, it is also crucial to notify your workers’ compensation insurance company immediately.

Any attempt to conceal additional earnings could make you liable for insurance fraud. Rather than running this risk, call the insurance company before starting any additional work to find out how it would affect your benefits.

The Impact of a New Job on Workers’ Comp Benefits

Whatever salary you earn at your new job, it will have an impact on the amount of workers’ compensation you receive:

• Higher salary: Your workers’ compensation benefits will stop as you no longer require them to compensate you for not being able to work.
• Same salary: Your benefits will stop for the same reason.
• Lower salary: You will still be entitled to benefits, and the insurance company will advise how much you can receive.
• Changed job on doctor’s advice: If medical advice prompted the change, you may be entitled to partial wage loss benefits. This varies from state to state, so talk to a locally qualified workers’ compensation lawyer to discover your rights.

New job at the same employer

Although an employer may not be legally obligated to offer you a new job on light duties, he or she may decide you are too good an asset to lose! Some scenarios that could see you return to your current workplace include:

• Being allowed to perform some of the tasks you did before with your doctor’s approval
• Being transferred to another department
• Being given a different job that is not related to your former one

Again, any changes should be reported to your workers’ compensation insurance provider to see how these impact your benefits. 

New job in a different state

Each state has its own workers’ compensation laws. However, wherever you move, the laws in the state where you were injured still apply. To ensure that you do not lose out, discuss your move with your workers’ compensation attorney and follow his or her advice so you fulfill all reporting requirements.

Medical benefits when you change jobs

So far, we have focused on wage replacement benefits. However, what about your medical benefits, which are crucial to allow you to make a full recovery from your injuries?

Usually, workers’ compensation medical benefits are not affected by a change of job, as they are attached to the injury rather than the job. Complications could arise, though, if your new employer offers a health plan that conflicts with your workers’ comp insurance. 

Handle this carefully by talking to both parties before transitioning to a new role. Make sure your workers’ compensation insurance company approves the move so that you do not jeopardize your ongoing medical treatment. 

Your Hauptman, O’Brien, Wolf & Lathrop, LLC, workers’ compensation attorney is well-placed to provide the advice you need. So, before making any decisions, let your lawyer explain all the potential ramifications and how to avoid disrupting your medical benefits.

Seek Qualified Legal Advice Before Changing Jobs

Being on workers’ compensation can be a tough experience, and it’s only natural to start considering your employment options. However, before you make any big decisions, it makes sense to understand your legal rights and how to protect them.

The workers’ compensation insurance lawyers at Hauptman, O’Brien, Wolf & Lathrop, LLC, are dedicated to helping you face the future with confidence. Our attorneys are ready to hear your story, ensure you are receiving fair benefits, and advise you on how to switch jobs without negative consequences.

To schedule a free case review with an experienced attorney, call us 24/7 at (402) 241-5020. Alternatively, complete our online form to schedule a callback.