At Hanning & Sacchetto, LLP, our Whittier workers’ compensation attorneys know there are a lot of questions surrounding the benefits California employees may be entitled to after getting hurt at work.
First, the fact is California employers are required by law to have workers’ compensation insurance, even if they have only one employee. And, if an employee gets hurt or sick because of work, the insurance is required to pay for workers’ compensation benefits.
But what happens if an employee is currently receiving workers’ compensation benefits and would like to change jobs? Will their benefits end upon leaving their current employment?
Our Los Angeles County workers’ compensation attorneys have answers.
Why Would an Injured California Worker Consider Changing Jobs?
There are multiple reasons an injured worker who is currently receiving workers’ compensation benefits may consider changing jobs.
- The worker found a less demanding job that pays the same and still meets their doctor’s recommended physical restrictions.
- The worker found a less demanding job that pays the same and still meets their doctor’s recommended physical restrictions and offers more room for career advancement once they heal.
It is important to note that workers’ compensation laws still apply, and any decision an employee makes to take another full-time or a second job can impact their weekly benefit amount.
Is It Legal to Change Jobs While Receiving Workers’ Compensation Benefits in California?
Legally, California employees are within their rights to change jobs at any time, even if they are receiving workers’ compensation benefits through their current employer.
The reality is an employee’s benefits cannot be canceled solely because he or she changed jobs, accepts light-duty work that pays a reduced salary, or if they take a lesser-paying job elsewhere.
Here are a few things California employees should consider first:
- While employees may still receive a partial benefit after taking a new job, their weekly pay rate may not be the same as it was at the previous position.
- If the new job pays the same as the former position, the benefits will cease.
More importantly, employees should consider how returning to work — at their current job or with a different employer — before fully recovering could put them at risk for re-injury or keep them from fully healing.
If you have questions about your California workers’ compensation benefits or are facing resistance from the insurance company, our attorneys can help.
Contact Our Experienced Workers’ Compensation Attorneys in Whittier, California
If you have been hurt at work and have been denied coverage, or are considering changing jobs while receiving benefits, contact our skilled workers’ compensation attorneys in Whittier, California at Hanning & Sacchetto today by calling (562) 698-6446 to schedule a free consultation to discuss your concerns.