Getting injured on the job is stressful enough, but figuring out whether you can (or should) work while on workers’ comp adds another layer of confusion. Many injured workers in California face the same dilemma:
👉 “Can I keep earning money while I recover?”
👉 “Will going back to work affect my benefits?”
👉 “What happens if I take a side job or keep my second job?”
In this blog, we’ll break down the essential do’s and don’ts of working while injured, so you don’t risk your health, your benefits, or even your legal case.
Why This Matters
California is expensive, and most people can’t afford to stop working completely after an injury. But the workers’ compensation system has strict rules, and stepping outside of them can lead to delays, denied benefits, or worse: accusations of fraud.
The truth is: you can sometimes work while injured, but only under the right conditions. Let’s dig in.
The Do’s of Working While Injured
1. Communicate with Your Treating Doctor ✅
Your treating doctor is the one who decides what you can and cannot do at work. Always discuss your abilities and limitations openly. If they give you restrictions (like no heavy lifting or only part-time hours), follow them closely.
2. Share Work Restrictions with Your Employer
After each medical appointment, you’ll receive a “work note.” Send it to your employer right away. This keeps everyone on the same page and protects your right to modified duty or temporary disability benefits.
3. Understand Your Benefits
Temporary Total Disability (TTD): If your doctor says you can’t work at all, you may receive 2/3 of your lost wages (not taxed).
Temporary Partial Disability (TPD): If you can only work fewer hours, workers’ comp may cover 2/3 of your lost income from those missing hours.
This system is designed to bring you as close to whole as possible financially.
4. Do Be Honest About Other Jobs
If you have more than one job, make sure your doctor knows. Your restrictions need to cover all your work, not just one employer. Hiding a second job could complicate your case.
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The Don’ts of Working While Injured
1. Don’t Work Outside of Doctor’s Restrictions ❌
Even if you “feel fine,” pushing your body beyond restrictions could make your injury worse and hurt your claim.
2. Don’t Hide Income or Work Under the Table
Trying to earn extra cash without reporting it can be seen as insurance fraud. That could mean paying money back, penalties, or even felony charges. It’s simply not worth the risk.
3. Don’t Assume Permanent Disability Means No Work
Permanent disability benefits don’t always mean you can’t work again. Many injured workers go back to work with restrictions while still receiving compensation for their impairment.
4. Don’t Refuse Modified Duty Just Because It’s Not Your Usual Job
In California, if your employer offers you a temporary light-duty job, even if it’s different from your regular position, you may be required to accept it if it’s within your restrictions. Refusing could mean losing wage replacement benefits.
What Happens If You Break the Rules?
Taking “side jobs” under the table, ignoring your doctor’s restrictions, or hiding income can all backfire. Not only can this delay your recovery, but it may also cost you your benefits or worse: bring legal consequences.
Final Thoughts: Protect Yourself and Your Case
Working while injured is complicated. The best path forward is:
Stay in constant communication with your doctor.
Keep your employer updated.
Be transparent about your work situation.
Talk to an experienced workers’ comp attorney before making any risky moves.
At the end of the day, your health and financial stability are too important to gamble with.
FAQ: Working While Injured in California Workers’ Comp
1. Can I work while I’m on workers’ comp in California?
Yes, but only if your treating doctor approves it and gives you specific work restrictions. If you work outside of those restrictions, you risk hurting yourself more and losing benefits. Always check with your doctor first.
2. What happens if my employer can’t give me a modified job?
If your doctor has given you restrictions and your employer can’t accommodate them, you may qualify for temporary disability benefits. These benefits replace part of your lost wages while you recover.
3. Do I have to tell my employer about my second job?
You don’t always have to tell your second employer, but you must be honest with your doctor and your workers’ comp insurance about all the jobs you have. Hiding this information can cause problems with your claim.
4. What if I decide to work under the table while on workers’ comp?
That’s risky. If you don’t report extra income, it can be considered insurance fraud. You might have to pay money back, face penalties, or even criminal charges. It’s never worth it.
5. What should I do if I’m unsure about my rights or benefits?
Reach out to a workers’ comp attorney for guidance. Every case is different, and having professional advice can help you protect your health, your income, and your future.
If you’ve been injured at work and have questions about your rights don’t wait.
👉 Visit pacificworkers.com or call 800-606-6999 today to schedule your free consultation with our team.
About the Author
Bilal Kassem President and Co-founder
Bilal Kassem is the co-founder of Pacific Workers and a nominee for Applicant Attorney of the Year. With a deep-rooted passion for helping injured workers, Bilal leads with empathy and empowers his team to deliver world-class service from the very first interaction.
Bilal’s extensive experience in workers’ compensation cases has made him a trusted voice for injured workers navigating California’s complex system. Having represented thousands of employees, he brings unique insight from both the legal and practical sides of returning to work after an injury. His commitment to educating workers about their rights and guiding them through the “do’s and don’ts” of workers’ comp has positioned him as a leading advocate in the field.