Can I get workers’ compensation benefits while I’m working at a new job?

Yes, in many cases, you can still receive workers’ compensation benefits in Massachusetts while working at a new job. However, the type and amount of benefits you receive will depend on your earnings and your medical restrictions.

If you return to work in any capacity, whether with a new employer or in a different role, you are no longer eligible for Section 34 (temporary total disability) benefits, which are reserved for individuals who are completely unable to work. Instead, you may be entitled to Section 35 (temporary partial disability) benefits if you are earning less than you did before your injury.

Section 35 benefits are designed to make up a portion of your lost wages. In Massachusetts, you can receive up to 75% of your Section 34 rate, based on the difference between your pre-injury average weekly wage and your current earnings. This allows injured workers to return to the labor market, often in a lighter or lower-paying role, without losing all income support.

It is critical that your new job is consistent with your medical restrictions. If your treating physician has placed limits on your physical activity, hours, or duties, the work you are performing must fall within those restrictions. If you exceed those limitations, the insurance company may argue that you are no longer disabled, which could jeopardize your benefits.

You also have an obligation to be transparent about your employment. Insurance companies routinely monitor earnings and may conduct surveillance. Failing to report wages from a new job can create serious issues, including allegations of fraud or overpayment claims.

In some situations, even if you return to work at equal or higher pay, you may still have a claim for ongoing medical benefits under Sections 13 and 30. Additionally, if your condition worsens and you are forced to stop working again, you may be able to seek reinstatement of total disability benefits.

The bottom line: returning to work does not automatically end your workers’ compensation case. If you are earning less due to your injury, you may still be entitled to partial disability benefits. Before starting a new job—or if you are already working—it is important to understand how your earnings impact your benefits and to ensure your rights are fully protected.