If you’ve been injured at work in Minneapolis and are receiving workers’ compensation benefits, you might wonder whether you can take on a second job. The answer is complicated. Minnesota law doesn’t prohibit working a second job while collecting workers’ compensation. However, doing so can have serious consequences for your benefits and your claim. Understanding the rules is critical before you make this decision.
The Short Answer: Yes, But With Significant Caveats
Working a second job while receiving workers’ compensation benefits isn’t illegal in Minnesota. However, it can negatively impact your benefits. It may also undermine your entire workers’ compensation claim. The key distinction is this: just because something is legal doesn’t mean it’s advisable.
When you work a second job while collecting workers’ compensation, you enter a complex legal and financial situation. Your workers’ compensation insurer will scrutinize your ability to work. Any income you earn can directly affect the benefits you receive. The consequences can range from reduced benefits to complete termination of your wage loss payments.
Here’s what you need to know:
- Second job income must be reported to your workers’ compensation insurer
- Failure to disclose can result in fraud accusations and criminal charges
- You should consult with your treating physician before beginning any work activity
- Additional earnings can reduce or eliminate your wage loss benefits
How Minnesota Calculates Your Workers’ Compensation Benefits
To understand how a second job affects your benefits, you first need to understand how Minnesota calculates workers’ compensation payments. The state uses a formula based on your Average Weekly Wage (AWW). This determines the amount of your weekly benefit.
Minnesota law looks back at your earnings over the 26 weeks immediately before your injury. This calculation includes income from all sources—not just your primary job. If you had a second job before your injury, that income counts toward your AWW calculation. This is important because your workers’ compensation benefits are already based on your total earning capacity before the injury occurred.
Understanding Your Average Weekly Wage
Your Average Weekly Wage is the foundation of your workers’ compensation benefits. Calculate it by taking your total earnings from all jobs during the 26 weeks before your injury. Then divide by 26. This number determines your weekly benefit amount.
If you earned $2,000 per week from two jobs combined, your AWW would be $2,000. Your benefits would be calculated based on that figure. Understanding this calculation is essential when considering workplace injury compensation.
Why does this matter for a second job? Because if you had secondary income before your injury, the insurer already accounts for it in your benefit calculation. If you take on a new second job after your injury, the situation becomes much more complicated. It can also be damaging to your claim.
What Happens to Your Benefits If You Work a Second Job?
The impact of working a second job depends on several factors. These include the type of benefits you’re receiving and whether you had secondary employment before your injury. Understanding temporary disability benefits is crucial to protecting your claim.
Temporary Total Disability (TTD) vs. Temporary Partial Disability (TPD)
Minnesota recognizes two main types of temporary disability benefits. Temporary Total Disability (TTD) applies when you cannot work at any job due to your injury. Temporary Partial Disability (TPD) applies when you can perform some work but earn less than you did before your injury.
If you’re receiving TTD benefits and you take on a second job, you’re essentially telling the workers’ compensation system that you can work. This can result in your TTD benefits being reduced or terminated entirely. The insurer may argue that if you can work a second job, you’re not totally disabled. Therefore, you’re not entitled to full wage replacement benefits.
If you’re receiving TPD benefits, any income you earn from a second job will be factored into your benefit calculation. Your TPD benefits replace the difference between what you earned before your injury and what you earn now. If you add a second job, that additional income reduces the gap. This reduces your benefits. This is why consulting with a workers’ compensation attorney is essential before making employment decisions.
Pre-Injury Secondary Employment
The situation becomes even more complicated if you had a second job before your injury. If you had secondary employment and can still perform that job despite your injury, the insurer may use this against your claim. They might argue that your injury isn’t as severe as you claim. Or they might argue that you’re capable of earning more than you’re reporting.
Conversely, if you had a second job before your injury but cannot perform it now due to your injury, your workers’ compensation benefits may include compensation for the lost income. This is an important distinction that requires careful documentation and legal guidance.
Here’s what you should know:
- TPD benefits are reduced if you earn income from any job
- TTD benefits are typically eliminated if you’re earning any income
- The insurer may argue reduced work capacity if you can work a second job
- Documentation of work restrictions from your physician is critical to protecting your claim
Employer Protections and Job Security in Minnesota
Minnesota law provides important protections for injured workers. However, these protections have limits. Understanding what you’re protected against—and what you’re not—is essential. These protections are codified in Minnesota workers’ compensation law and enforced rigorously.
Protections Against Your Employer
Minnesota law prohibits your employer from firing you or retaliating against you for filing a workers’ compensation claim. This protection applies specifically to the employer where you were injured. Your employer must work to reintegrate you into your position. They must find suitable alternative work as you recover. They cannot terminate you simply because you filed a claim. They cannot terminate you because you’re unable to work temporarily.
No Protection for Secondary Employers
However, this protection does not extend to secondary employers. If you work a second job and cannot perform that work due to your injury, your secondary employer can legally terminate you. They have no obligation to hold your position or accommodate your recovery. This is an important risk to consider before taking on a second job while receiving workers’ compensation benefits.
The Reintegration Requirement
Your primary employer—the one where you were injured—has a legal obligation to work with you and your medical providers. Together, you’ll work to reintegrate or rehabilitate you into work. This might involve light-duty work, modified duties, or a gradual return to full duties. However, this obligation applies only to your employer. It does not apply to any secondary employment you pursue. If you’re facing retaliation or improper termination, contact Robert Wilson & Associates for immediate assistance.
Key points to remember:
- You’re protected from retaliation against your primary employer only
- Secondary employers have no obligation to hold your position
- Inability to work a secondary job doesn’t affect your workers’ comp claim
- Document any retaliation at your primary job immediately
Reporting Requirements and Legal Compliance
If you decide to work a second job while receiving workers’ compensation benefits, you have legal obligations. You must disclose this activity. Failing to do so can result in serious consequences, including fraud charges. This is one of the most critical aspects of maintaining your workers’ compensation claim.
Mandatory Disclosure
Under Minnesota law, you must report any income you earn while receiving workers’ compensation benefits to your insurer. This includes income from a second job, self-employment, gig work, or any other source of income. Make the report in writing. Include details about the work, the hours you’re working, and the income you’re earning.
Failure to disclose this income can result in accusations of workers’ compensation fraud. In Minnesota, workers’ compensation fraud is a serious crime. It can result in criminal charges, fines, and imprisonment. Even if you didn’t intentionally hide the income, the consequences can be severe. Our experienced workers’ compensation attorneys can guide you through proper disclosure procedures.
Notification Requirements
You should notify both your primary employer and your workers’ compensation insurer about any secondary work. Provide them with written documentation that includes:
- The nature of the work
- The hours you’re working
- The income you’re earning
- Any work restrictions your physician has imposed
- Documentation of your physician consultation regarding work capacity
Documentation Best Practices
Keep detailed records of all work-related information, including:
- Hours worked each day
- Income earned
- Work restrictions from your physician
- Any communications with your insurer or employer
- Medical appointments and treatment related to your injury
These records protect you if questions arise about your work capacity or your benefits. They demonstrate that you’ve been transparent and compliant with reporting requirements. Proper documentation is essential when working with Minnesota workers’ compensation insurers.
Physician Consultation and Work Restrictions
While Minnesota law does not require written physician approval before working, you should consult with your treating physician about any work activity you’re considering. Your physician’s assessment of your work capacity is critical for determining your benefit eligibility. You must comply with any work restrictions your physician has imposed. You should report any return to work to your employer and workers’ compensation insurer.
Your physician can document your work capacity and any restrictions. This provides important protection for your claim. This documentation demonstrates that you’re working within medically appropriate limits. It helps protect you from disputes about your ability to work.
A summary of the important compliance steps you should remember:
- Report all income to your workers’ compensation insurer in writing
- Consult with your treating physician about any work activity before beginning
- Inform your primary employer of any secondary work
- Keep detailed records of hours, income, and work restrictions
- Understand that failure to disclose can result in criminal fraud charges
What You Should Do: Practical Guidance for Minneapolis Workers
If you’re considering working a second job while receiving workers’ compensation benefits, here’s what you should do before making this decision. The guidance below reflects best practices for protecting your workers’ compensation claim.
Consult With a Workers’ Compensation Attorney
Before accepting any secondary work, speak with a Minneapolis workers’ compensation attorney who understands Minnesota workers’ compensation law. An attorney can review your specific situation, the type of benefit you can have, and your medical restrictions. They can advise you on whether a second job is advisable. They can also help you understand how it might affect your claim and your long-term recovery.
At Robert Wilson & Associates, our attorneys have more than 30 years of experience handling workers’ compensation cases in Minnesota. We understand the details of wage loss benefits. We know how secondary employment can impact your claim. We can help you make an informed decision about whether working a second job is right for your situation. Our firm has been recognized by Super Lawyers for our expertise in workers’ compensation law.
Consult With Your Treating Physician
Before you start any work, discuss your work plans with your treating physician. Your doctor should assess whether the work is consistent with your medical restrictions. They should confirm it won’t interfere with your recovery. This consultation provides important documentation that protects your claim. It demonstrates that you’re working within medically appropriate limits.
Report All Income and Work Activity
Once you begin working, report all income and work details to your insurer immediately. Don’t wait until your next benefit check or until the insurer asks. Proactive disclosure demonstrates transparency. It protects you from fraud accusations. This is a critical step in maintaining your workers’ compensation benefits.
Understand Your Specific Benefit Type
Different benefit types are affected differently by secondary work. If you’re receiving TTD benefits, any work can eliminate your benefits. If you’re receiving TPD benefits, secondary income will reduce your benefits. Understanding which type of benefits you’re receiving is critical to making an informed decision. Our workers’ compensation team can explain the specific benefit type and its implications for you.
Consider the Long-Term Impact
Think carefully about how secondary work might affect your recovery and your long-term claim. Working too much or doing work that aggravates your injury can delay your recovery. It can potentially reduce your future benefits. Your primary focus should be on healing and returning to your pre-injury job. This is why consulting with experienced Minneapolis workers’ compensation lawyers is so important.
When It Might Make Sense
Secondary work might be appropriate if:
- Your physician confirms it’s consistent with your medical restrictions and won’t interfere with your recovery
- The work is light-duty and consistent with your medical restrictions
- You’re receiving TPD benefits, and the additional income helps you meet your financial needs
- You’re in the later stages of recovery and preparing to return to full-duty work
- You’ve consulted with an attorney and understand the implications
When It’s Risky
Secondary work is risky if:
- You’re receiving TTD benefits (any work can eliminate your benefits)
- Your physician has advised against the work, or it violates your work restrictions
- The work aggravates your injury or delays your recovery
- You haven’t reported the work to your insurer
- You’re in the early stages of recovery and should be focusing on healing
Take Action
If you’re injured and receiving workers’ compensation benefits in Minneapolis, don’t make the decision about secondary work alone. Contact Robert Wilson & Associates for a free consultation. Our team of experienced attorneys can review your situation, explain your options, and help you make the decision that’s right for your recovery and your financial security.
We’ve helped injured workers throughout Minneapolis and Minnesota handle complex workers’ compensation issues. We understand the challenges you’re facing. We’re here to help you protect your benefits and your future. Our firm has recovered millions of dollars for injured workers and maintains an excellent reputation, as recognized by Avvo and Martindale-Hubbell.
Call (612) 334-3444 today for your free consultation.
About Robert Wilson & Associates
Robert Wilson & Associates is one of Minnesota’s largest workers’ compensation law firms. We have served injured workers throughout Minneapolis, St. Paul, and the surrounding areas since 1991. Our team of experienced attorneys focuses on workers’ compensation and personal injury cases. We’ve recovered millions of dollars for our clients.
Our firm has earned recognition from leading legal organizations, including Super Lawyers, the Million Dollar Advocates Forum, and the National Trial Lawyers Top 100. We handle every case on a contingency fee basis. This means you pay nothing unless we recover compensation for you. We offer free consultations to discuss your workers’ compensation claim and answer your questions about your rights and options.
Contact Robert Wilson & Associates today for your free consultation at (612) 334-3444.
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