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Can I Get Another Job While on Workers’ Comp in NY?

by | Jan 16, 2024 | Workers' Comp Benefits

If you’re currently receiving workers’ compensation benefits in New York due to a job-related injury or illness, you might be wondering if you’re allowed to take up another job during this period. This is a common question with a somewhat complex answer. Let’s dive into the common question, “Can I get another job while on workers’ comp in NY?”

Can I Get Another Job While on Workers’ Comp in NY?

In New York, the possibility of obtaining another job while receiving workers’ compensation benefits is a nuanced matter. Here are the key points to consider:

1. Impact on Compensation Benefits

  • Income Reporting: If you start another job while receiving workers’ compensation benefits, any income you earn must be reported. This is because workers’ compensation benefits in New York are designed to compensate for lost wages due to a work-related injury or illness.
  • Benefit Adjustment: Your workers’ compensation benefits may be adjusted based on the income you earn from the new job. This adjustment is made to reflect your current earning capacity and to ensure that your total income does not exceed your pre-injury wages.

2. Type of Work and Medical Restrictions

  • Consistency with Medical Limitations: The new job must align with the medical restrictions outlined by your treating physician. If the new job aggravates your injury or is outside the scope of your approved physical capabilities, it could jeopardize your benefits.
  • Approval from Healthcare Provider: It’s advisable to consult with your healthcare provider to determine if the new job fits within your medical restrictions.

3. Legal and Ethical Obligations

  • Transparency: You are legally required to inform the workers’ compensation board and your insurance carrier about any new employment.
  • Avoiding Fraud Accusations: Failure to report new employment while receiving benefits can be viewed as fraud, leading to serious consequences, including the loss of benefits and potential legal action.

4. Employer’s Workers’ Compensation Insurance Policy

  • Policy Review: It’s important to understand the specifics of your employer’s workers’ compensation insurance policy, as different policies may have different provisions regarding additional employment.

5. Seek Legal Advice

  • Consulting a Workers’ Compensation Attorney: Given the complexities surrounding workers’ compensation and employment, it’s wise to seek legal advice. A workers’ compensation attorney can provide guidance tailored to your specific situation.

While it is not outright prohibited to take another job while on workers’ compensation in New York, doing so requires careful consideration of the impact on your benefits, adherence to medical restrictions, and compliance with legal requirements. Transparency and consultation with both your healthcare provider and a legal professional are key to navigating this situation successfully.

What is Workers’ Compensation in NY?

Can I Get Another Job While on Workers' Comp in NY?

Workers’ compensation in New York is a state-mandated insurance program that provides financial and medical benefits to employees who suffer job-related injuries or illnesses. This program is designed to help workers recover from their injuries and return to work, while also providing some level of financial security during their recovery period. Here are the key aspects of workers’ compensation in New York:

Purpose and Coverage

  • No-Fault System: Workers’ compensation operates on a no-fault basis, meaning that employees can receive benefits regardless of who was at fault for the injury or illness.
  • Comprehensive Coverage: It covers medical expenses, rehabilitation costs, and lost wages due to the inability to work as a result of the injury or illness.
  • Death Benefits: In the case of a work-related death, the program provides death benefits to the worker’s dependents.


  • All Employees Covered: Almost all employees in New York State are covered by workers’ compensation, including part-time and temporary workers.
  • Work-Related Injuries and Illnesses: To qualify for benefits, the injury or illness must be directly related to the employee’s job.

Employer Responsibilities

  • Mandatory Insurance: Most employers in New York are required to have workers’ compensation insurance to cover their employees.
  • Reporting and Record-Keeping: Employers must report workplace injuries to the New York State Workers’ Compensation Board and maintain records of such injuries.

Employee Rights and Responsibilities

  • Reporting the Injury: Employees must report their work-related injury or illness to their employer as soon as possible.
  • Medical Treatment and Documentation: Employees are entitled to receive necessary medical treatment and must provide medical documentation to support their claim for workers’ compensation benefits.
  • Compliance with Treatment and Assessment: Employees are required to comply with treatment plans and may need to undergo independent medical examinations.

Claim Process

  • Filing a Claim: Employees or their representatives must file a claim with the New York State Workers’ Compensation Board.
  • Benefits Determination: The Board reviews the claim and determines the eligibility and extent of benefits.
  • Appeals: If a claim is denied, employees have the right to appeal the decision.

Types of Benefits

  • Medical Care: Covers all necessary medical treatment related to the work injury or illness.
  • Cash Benefits: Provides a portion of the employee’s lost wages.
  • Rehabilitation Services: Includes services that help an injured worker return to work.

Workers’ compensation in New York is designed to protect both employees and employers. It ensures that injured workers receive necessary care and support, while also limiting the liability of employers for workplace injuries. Understanding the intricacies of this system can be complex, and individuals facing a work-related injury or illness often benefit from consulting with a workers’ compensation attorney for guidance and representation.

Considerations Before Accepting New Employment

First and foremost, consider whether you are medically fit to take up another job. Ignoring medical advice and worsening your condition can have long-term consequences for your health and future employment.

Nature of the New Job

If the new job is physically or mentally less demanding and aligns with your current medical limitations, it may be permissible. However, the specifics of your workers’ comp case and the nature of your injury will play a crucial role in this decision.

Legal Advice

Before making any decision, it’s vital to seek legal advice. With experience in workers’ compensation law, we can guide you on the best course of action based on your specific circumstances.

How a Workers’ Compensation Lawyer Can Help

A Workers’ Compensation Lawyer can provide invaluable assistance if you’re navigating the complexities of a workers’ compensation claim. Here’s how we can help:

1. Experienced Guidance on Workers’ Compensation Laws

  • Understanding Legal Rights: A lawyer can explain your legal rights and the specifics of workers’ compensation laws in your state.
  • Navigating Complexities: We can guide you through the complex legal processes and procedures, ensuring you understand each step.

2. Assistance with Claim Filing

  • Proper Documentation: A workers’ compensation lawyer can help ensure your claim is accurately and comprehensively documented, increasing the likelihood of a successful outcome.
  • Timely Filing: We can assist in meeting all necessary deadlines for filing claims and appeals.

3. Representation in Case of Disputes or Denials

  • Appeals and Hearings: If your claim is denied, a lawyer can represent you in appeals and hearings, advocating on your behalf.
  • Negotiating with Insurance Companies: We have experience negotiating with insurance companies and can work to ensure you receive the benefits you’re entitled to.

4. Maximizing Your Compensation

  • Calculating Benefits: Workers’ Comp Lawyers can help determine the full range of benefits you may be eligible for, including medical expenses, lost wages, and rehabilitation costs.
  • Avoiding Underpayment: We can identify if you’re being underpaid in your benefits and take appropriate action.

5. Medical and Vocational Issues

  • Medical Treatment Rights: A lawyer can help ensure you receive the necessary medical treatment.
  • Return-to-Work Issues: We can advise on issues related to returning to work, such as accommodations for your injury.

6. Protecting Against Retaliation

  • Employment Protection: If there are any issues with your employer, such as retaliation for filing a claim, a lawyer can help protect your employment rights.

7. Handling Paperwork and Communication

  • Ease of Process: We handle the paperwork and communication with the workers’ compensation board, insurance companies, and your employer, reducing your stress and allowing you to focus on recovery.

8. Providing Peace of Mind

  • Support and Confidence: Knowing you have a knowledgeable professional on your side can provide peace of mind during a challenging time.


A workers’ compensation lawyer plays a crucial role in ensuring your claim is handled effectively, maximizing your chances of receiving the full benefits you are entitled to, and providing support throughout the claim process.

Contact Us Today

While getting another job while on workers’ comp in NY isn’t outright prohibited, it comes with significant considerations and potential risks. The most important steps are to consult with your doctor and legal advisor, and always be transparent about your employment status with all relevant parties. If you’re contemplating taking up employment while receiving workers’ compensation benefits, contact us at Katz, Leidman, Freund & Herman. Our experienced team is here to provide you with the guidance you need to make informed decisions about your work and compensation.