Can You Still Get Workers’ Comp if You Go Back to Work

June 11, 2025

By Erin Barker

Being on workers’ comp typically means you’ve been injured and are unable to work for a period of time. But what if you’re able to return to the job? Can you still receive workers’ comp benefits after going back to work? It’s complicated, as the answer depends on several factors. It’s worth looking into how workers’ compensation laws and regulations apply to your situation to better understand what might come next.

What Is Workers’ Compensation?

Workers’ compensation is an insurance program that helps employees who get injured or sick because of their job. It aims to cover medical bills and part of the wages lost during recovery. This system benefits both workers and employers by offering a clear way to handle workplace injuries without going to court.

When an employee gets hurt at work, they need to inform their employer and file a claim. This means detailing the injury, how it affects their work, and any medical care they’ve received. Once approved, benefits kick in, covering medical costs and a portion of lost wages. In most cases, it’s a fairly straightforward process with little potential for confusion.

Can You Still Get Workers’ Comp if You Go Back to Work?

Returning to work while still receiving workers’ compensation can happen in certain cases, though it’s not always common. If your doctor clears you for light duty or part-time work, you may still be eligible for benefits. That’s because partial disabilities can affect how much you’re able to earn. Workers’ comp may provide supplemental income to make up for the difference in these cases. However, every situation is different, and state laws can vary. Knowing what applies to your case can help you navigate your rights and responsibilities.

Factors Affecting Workers’ Comp Eligibility

Several factors determine if you can keep receiving workers’ comp benefits after going back to work. The severity of your injury is one of the most important factors since partial benefits might still apply if you can only handle limited tasks or reduced hours. The nature of your job and whether modified duties are available also play a role. Employers might offer temporary or alternative roles to accommodate your condition, which could influence the benefits you receive.

Navigating Workers’ Comp Settlements After Returning to Work

Going back to work can impact potential workers’ comp settlements. If you’re thinking about settling, be aware that your return to work might affect the settlement amount. Settlements are typically based on the severity of your injury and your future earning capacity, meaning that returning to full-time work might suggest a higher earning ability, potentially lowering the settlement. Consulting with a legal expert can help you understand how your work status could influence your settlement options.

Legal Considerations and Your Rights

Handling workers’ compensation claims and settlements can be tricky, especially when returning to work is involved. Knowing your legal rights is essential to ensure you get the benefits you’re entitled to. Each state has its own workers’ comp laws, which can affect your claim. Legal advice is invaluable in interpreting these laws and advocating for your rights. An experienced attorney can help you understand how returning to work affects your benefits and guide you through any disputes.

How Shillen, Mackall, Seldon and Spicer Can Help

We provide legal support for those facing challenges with workers’ compensation claims. If you’re returning to work or weighing the option of a settlement, our experienced attorneys can help guide your decisions. With a deep focus on the complexities of workers’ comp laws, we work to protect your interests and help you pursue the full benefits you’re entitled to receive.

Get the Compensation You Deserve After a Work Injury

Going back to work can affect your workers’ compensation case, but it doesn’t necessarily end your benefits. Several factors can shape your eligibility, including your medical restrictions and current job status. Settlements may also be influenced by your return. Having legal insight is valuable when dealing with these issues. 

To explore your options and receive focused support, contact us at Shillen, Mackall, Seldon and Spicer to schedule a consultation with our knowledgeable legal team.

Image Source: Jack_the_sparow/Shutterstock

Categories