When you are injured on the job, you may find yourself facing new and potentially confusing situations as you navigate the workers’ compensation program. Your rights and responsibilities may not be clear. One question injured workers often ask is, “Can you work while on workers’ comp in California?” Failing to strictly follow workers’ compensation rules and guidelines could jeopardize your benefits or potentially place you in legal trouble. English Lloyd & Armenta can provide detailed counsel for your unique situation.
Work Restrictions Basics
As you file your workers’ compensation claim and go through the claim process, it is important to understand how work restrictions work. One of the first steps in the claims process involves undergoing an injury examination. During your examination, a physician will determine the extent of the injuries and document descriptions of your symptoms.
Once the physician has the information they need, they will provide you with work restrictions. These restrictions are for your protection and enable you to properly recover from your injuries or treatments. Examples of work restrictions include instructions to:
- Not lift anything over a specified weight.
- Not leave your body in certain positions for long periods of time.
- Work only a few hours per day.
- Not work at all for a period of time.
If your work restrictions include directives to limit work hours or refrain from working altogether, you will be eligible for temporary disability payments. These partially make up for lost wages as you recover at home or reduce the number of hours that you work.
What If I Work Multiple Jobs?
In today’s economy, many people work multiple jobs to make a living. Each of your jobs must honor work restrictions given by your physician. If one of your employers refuses to honor the work restrictions that may require special accommodations, you can hire a workers’ compensation lawyer to protect your rights. In some cases, a job cannot accommodate the restrictions given by your doctor for legitimate reasons.
If you cannot work either job, you can use the combined wages of both your jobs when determining your temporary disability wages. Temporary disability payments generally pay two-thirds of your normal total wages. Disability benefits are not taxable in most cases.
Types of Work You May Perform While on Disability
As long as you stay within the physician’s recommended restrictions, you can perform light or modified work while you are on workers’ compensation. It is important to remember that deviating from your physician’s guidelines could jeopardize your benefits. Workers’ compensation benefits will not dictate how many hours you can work. That is determined by your doctor, who provides medical advice in your interest.
It may be tempting to find a new job while you are receiving benefits, but doing anything that violates your doctor’s work restrictions could jeopardize your benefits. If you do not report new sources of income, you could find yourself facing allegations of fraud. Workers’ compensation is designed to help employees who cannot complete their normal duties. Taking on a second job could create the appearance that you no longer need workers’ compensation benefits.
If you already have a second job and the second job is not physically demanding, your doctor may decide that you can continue working there. As long as you follow your physician’s guidelines and are open and transparent about where you work, you should be fine.
If you have questions about your benefits or need legal help to compel an insurance provider to pay for benefits that you qualify for, contact a California workers’ comp attorney who has experience in helping clients obtain compensation through their employer’s workers’ compensation program.
TTD vs. TPD: An Understanding of Disability Benefits
In California, whether you can work while receiving workers’ compensation benefits frequently depends on the type of disability benefits you have. These classifications are quite important under California workers’ comp laws and directly impact what you are allowed to do with an active claim.
Temporary Total Disability (TTD) applies when your treating physician determines that you are completely unable to work because of your injury. If you receive TTD:
- You are typically not allowed to do any work of any kind, including part-time or alternative employment.
- You generally get two-thirds of your average weekly wages, which are subject to state minimum and maximum limitations.
- These payments are often tax-free.
Because TTD is based on the determination of a medical professional, trying to work against that ruling while receiving these benefits can cause serious problems in your workers’ comp case, such as possible benefit termination or accusations of fraud.
Temporary Partial Disability (TPD) applies when you can return to work in a capacity that is either limited or modified. Still, your earnings are lowered because of your injury. If you are on TPD:
- You could be allowed to work diminished hours or modified duties.
- Your employer can provide light-duty or restricted work tasks.
- You receive compensation that helps cover lost wages.
Typically, TPD benefits are calculated as two-thirds of the difference between your pre-injury wages and your current earnings. This classification can be especially relevant to the question of whether you can work while receiving benefits.
In 2025, across the United States, nearly 80% of injured workers returned to their jobs following treatment. That same year, California’s employment rate rose to just above 5%, highlighting the impact that legal counsel can make in situations surrounding workplace injuries. English Lloyd & Armenta can make that impact for you through skilled legal analysis, careful applications of the state workers’ comp laws, and determined advocacy for all the benefits you deserve.
Working During the California 90-Day Rule and Delay Period
Another crucial detail in a workers’ comp case is the 90-day rule, which affects what takes place while your claim is investigated. After you submit a claim, the insurance provider has 90 days to either accept or deny the claim.
During the investigation period:
- The insurance provider can look over medical records and other pieces of evidence.
- You could be eligible for up to $10,000 in medical treatment while your claim is evaluated.
- You may still be subject to restrictions at work that are based on the recommendations of your doctor.
The Importance of This Period
The 90-day period is important because it determines how your claim will be handled as it moves forward. If your insurer does not deny your claim within this timeframe, it tends to be presumed as accepted under California law. Still, delays during this period can cause confusion.
Protect Your Benefits: Hire a Workers’ Comp Lawyer
If you aren’t sure about your ability to work while receiving benefits, you may decide to hire a workers’ comp lawyer to review your case. Legal counsel can:
- Clarify if you can work or not with your disability classification.
- Correctly calculate your benefits.
- Address disputes with your insurer.
Because there has been an increased use of Subsequent Injury Benefit Trust Funds (SIBTF), there has also been a rise in employer taxes that are used to fund these benefits. In 2025, this figure in California was $850 million. Such high stakes call for experienced counsel.
FAQs
Can You Get Another Job While on Workers’ Comp?
You can get another job while on workers’ comp, but there are factors to consider. Taking on a new job, especially one that is physically demanding, could give the appearance that you have healed and do not need workers’ compensation. Any work-related tasks that you perform that go against your physician’s recommended work restrictions could potentially void your eligibility for workers’ compensation.
Does My Employer Have to Hold My Job While I’m on Workers’ Comp?
No, your employer does not have to hold your job while you are on workers’ comp. California is an at-will employment state. This means your boss can terminate you at any time if that doesn’t violate state and federal employment laws.
However, they cannot retaliate against you for seeking workers’ compensation benefits. If your employer terminated you because you sought compensation for your work-related injury, you may have grounds for pursuing a wrongful termination case.
Can You Be Laid Off While on Workers’ Comp?
Yes, you can be laid off while on workers’ comp in the state. Receiving workers’ compensation benefits does not provide you with special protection from general business layoffs for you and your co-workers.
If your employer must eliminate your position due to legitimate reasons, they can do so, even while you are on temporary or permanent disability leave. Your employer cannot lay you off solely because you are on disability. Doing so would be seen as unlawful retaliation.
How Long Can an Employee Be on Workers’ Compensation?
An employee can be on workers’ compensation in California as long as their physician believes it to be medically necessary. Most workers recover and can return to work well within the two-year benefits window for workers on temporary disability. Certain medical conditions may extend the two-year limit. A worker on permanent disability could potentially receive benefits for a lifetime.
Schedule Your California Workers’ Compensation Consultation
If you are receiving workers’ compensation benefits, it is wise to listen to your doctor and your body. Taking time to heal allows you to return to work as a productive and healthy employee.
If you require help navigating the state’s complicated workers’ compensation program, the law office of English Lloyd & Armenta can assist. We have more than 30 years of experience in helping clients obtain the benefits they need from their employer after a work-related injury. To schedule your consultation, contact our office today.
