You may eventually feel ready to return to work and rebuild your income after a job injury. One common concern is whether a new job could cost you the workers’ compensation benefits you rely on. Many injured workers in New York face this choice and wonder if a job change may negatively affect their claim. Knowing what to document before your first day back to work can help you avoid disputes later on.
If you want guidance, a workers’ compensation attorney in New York can help you weigh your options before you accept a new job offer. In this guide, Pyrros, Serres & Rupwani will explain how a new job might affect your workers’ compensation claim in New York, including how your new earnings may affect your benefit payments.
Can You Take a New Job While Collecting Benefits?
You can generally start a new job while you receive workers’ compensation benefits in New York. The law does not require you to stay home until you fully heal.
Still, the new position should remain within your documented medical restrictions, and you must promptly notify the carrier and your attorney and make sure the Board receives accurate information about your new employment and earnings. Your benefits may change based on your new earnings.
How a New Job Changes Workers’ Compensation Payments in New York
Workers’ compensation in New York pays wage loss benefits to replace part of the income you lose because of a work injury. If you cannot work at all, you may receive temporary disability benefits at up to two-thirds of your average weekly wage, up to a state maximum.
When a new job pays less than your old one, you may qualify for reduced earnings benefits. These payments generally equal two-thirds of the difference between your pre-injury weekly wage and your new weekly wage. For example, if you earned $900 a week before your injury and now earn $600, you may receive about $200 a week in addition to your new paycheck.
If your new job pays the same as or more than your old one, your cash benefits may end. Your medical benefits for the original injury typically continue, so the carrier should still pay for doctor visits, therapy, prescriptions, and other costs related to your injury.
Why Your Recommended Work Restrictions Are Important
According to the U.S. Bureau of Labor Statistics, private employers reported 888,100 injury and illness cases that required days away from work in 2024. If your injury qualifies for workers’ compensation benefits, your treating doctor may set work restrictions, such as limits on lifting or hours. Before you accept a job offer, ask your doctor whether your new duties fit within those limits, and request a written note.
If you take a job that goes beyond your restrictions, the insurance company may argue that you have fully recovered and try to end your benefits. A job that clashes with your limits may also worsen your injury and slow your recovery. If you suffer a new injury at your new job, you may need to file a separate claim against your new employer.
What if Your Old Employer Offers Light Duty?
Your original employer may offer you light-duty work that fits your restrictions. If you turn down a suitable offer to take a different job, the insurer may argue that you chose to earn less and seek to reduce your reduced-earnings benefits.
Compare both options carefully before you decide. Look at the pay, the physical demands, the schedule, and whether each job matches your doctor’s written limits. A new position may still make sense if the light-duty offer exceeds your restrictions or falls far short of your usual hours. It is highly recommended that you also discuss this with your workers’ compensation attorney.
It is also advisable to keep a record of why you chose one job over the other. This explanation may matter if the carrier challenges your benefits.
How To Protect Your Workers’ Compensation Claim in New York
Honesty and clear records can help protect your workers’ compensation claim. New York law treats a knowing false statement about your work or earnings as fraud, which may lead to a loss of cash benefits and even possible criminal charges.
Take these steps when you start a new job:
- Notify the carrier or your attorney about your new employment, duties, and earnings, and confirm that the Board receives updated information.
- Keep copies of your pay stubs and the offer letter.
- Attend every medical appointment and follow your treatment plan.
- Save emails and notes from calls with the insurance company.
If you have not started a case yet, you can file a claim with the Workers’ Compensation Board. You must notify your employer within 30 days of the injury and generally file your claim within two years.
When To Talk With a Workers’ Compensation Lawyer in New York
Consider speaking with a workers’ compensation lawyer in New York if you plan to change jobs, your earnings have changed, or the insurer begins questioning your eligibility for benefits. According to the National Safety Council, the average workers’ compensation claim for injuries in 2022 and 2023 cost $47,316.
The process may become more complicated when multiple benefit systems could apply. Some injured workers also qualify for federal programs, like Social Security Disability benefits with their own rules.
After a job change, the insurance carrier may review your wages, schedule an independent medical examination, or hire an investigator to observe your activities. A lawyer can explain how your employment, earnings, and medical restrictions may affect your claim and help you respond to requests from the insurer.
Let Pyrros, Serres & Rupwani Answer Your Questions About Returning to Work
You can often take a new job and also receive some workers’ compensation benefits, as long as you stay within your restrictions and report your earnings. If you are unsure how a new job may affect your claim, our team can review the offer and explain the potential effect on your benefit payments. Our attorneys can also help you understand the common reasons workers’ comp claims are denied and stand up for you if the insurer pushes back.
Call Pyrros, Serres & Rupwani at (718) 626-7730 for a free case evaluation, and let our team walk you through workers’ compensation in New York. Having your offer letter and latest medical restrictions handy can make that conversation more productive. We have fought for injured workers’ rights since 1989, and we handle cases on a contingency basis, so you pay no attorney fee unless we recover benefits for you. Our offices in Queens, Brooklyn, and the Bronx serve clients in English and Spanish.
Frequently Asked Questions
The answers below address common questions that injured workers ask before returning to work after an injury.
Do You Have To Report a New Job to the Workers’ Compensation Board?
Yes and you should promptly disclose your new job and earnings to the carrier and your attorney and ensure that the Board receives accurate, updated information. Knowingly concealing work or earnings may result in benefit penalties and possible fraud charges.
Will Your Medical Benefits Stop if You Start a New Job?
Your medical benefits generally will not stop if you start a new job. The carrier typically must keep paying for necessary treatment related to your original work injury.
Can a New Job Hurt Your Case Under Workers’ Compensation in New York?
A new job can affect your case under workers’ compensation in New York if the insurer uses your earnings or duties to argue that your disability has improved. Careful records and advice from an attorney may help you protect your claim.
