Can You Work and Collect Workers’ Comp Benefits? A Guide from a Workers' Compensation Lawyer
For many hardworking individuals in Medina County, OH—from the manufacturing hubs in Brunswick and Wadsworth to the healthcare facilities in Seville and Lodi—a workplace injury in Ohio brings more than just physical pain. It brings a crushing sense of financial uncertainty. JBC Lawyers frequently addresses the same critical question: “Can a person work while receiving workers’ comp benefits?”
The answer in Medina County, Ohio, is not a simple “yes” or “no.” It depends entirely on the specific benefit type being received. Navigating the Ohio Bureau of Workers’ Compensation (BWC) is notoriously difficult, and one wrong move—like picking up a side gig or assisting a friend with a home renovation while on the wrong type of disability—can lead to a total loss of benefits. Finding an experienced Medina workers’ compensation lawyer is often the only way to avoid these pitfalls.
With over 30 years of experience fighting for Northeast Ohio’s workforce, JBC Lawyers operates on a clear philosophy: Never Settle for Less. Protecting a claim and a financial future requires understanding the strict, often confusing rules governing employment and workers’ compensation in the Buckeye State.
The Golden Rule: Disclosure and Restrictions
Before examining specific benefits, there is one rule that applies to every worker in Ohio: Never work outside of medical restrictions and always disclose all earnings to the BWC.
In the eyes of the BWC and the Industrial Commission of Ohio, “work” is defined much more broadly than a primary 9-to-5 job. For the purposes of disability benefits, “work” includes:
- Part-time “side hustles” or gig work: Driving for Uber, Lyft, or DoorDash.
- Cash-under-the-table labor: Performing landscaping or minor repairs for a neighbor for cash.
- Self-employment tasks: Running an online shop, managing rental properties, or performing administrative work for a family business.
When people search for a “workers’ compensation lawyer near me,” they are often looking for guidance on these exact scenarios. Even unpaid volunteer work can be used as evidence that a person is physically capable of “sustained gainful employment.” A Medina workers’ compensation attorney at JBC Lawyers can help ensure that an injured worker’s activities are not misconstrued as forbidden employment.
When the Answer is a Hard "NO": TTD and PTD
If a claimant is receiving payments intended to replace an entire paycheck because they are physically unable to perform their job, the BWC expects that person to be recovering, not working.
Temporary total disability (TTD)
• The Law: If a person is receiving TTD, they cannot perform any sustained gainful employment. This is a bright-line rule.
• The "Total" in TTD: Even if a claimant believes they are only "helping out" or doing "light work," the state views the receipt of a TTD check as an admission of being unable to work.
• The Risk of SIU: The BWC utilizes a Special Investigations Unit (SIU) that employs surveillance and social media monitoring to find claimants who are working "off the books." A skilled workers' compensation attorney can help an injured person understand how to document their recovery properly to avoid these accusations.
Permanent disability
When the Answer is "YES": Impairment Awards
Ohio law recognizes that some injuries leave permanent damage, even if a worker has the determination to return to the job site. Consulting a workers’ compensation lawyer from JBC Lawyers is essential to ensure these specific awards are filed correctly.
Permanent Partial Disability (PPD)
• The Law: A claimant can work full-time at regular pay and still receive PPD payments.
• The Reasoning: PPD is not "wage replacement." It is compensation for the fact that a person's body is no longer 100%. If a shoulder injury results in a 20% loss of range of motion, that worker is entitled to this award regardless of current employment status.
Scheduled Loss (SL)
The "In-Between": Working Wage Loss (WWL)
This area often causes the most confusion for Medina residents. What happens if a person can work, but the injury prevents them from returning to their high-paying former position? A Medina workers’ compensation attorney can help calculate these complicated figures to ensure the injured worker is not losing money.
Working Wage Loss (WWL) Benefits
• How it Works: The BWC may pay 2/3 of the difference between the old wages and the new, lower wages, up to state-mandated caps.
• The Requirement: This benefit is not automatic. The claimant must provide the BWC with pay stubs and a medical report (Form MEDCO-14) that outlines restrictions and confirms they are the only reason for the lower earnings. A workers' compensation attorney can manage the filing of this paperwork.
The "Light Duty" Trap: Avoiding Benefit Loss
A common tactic used by employers in Medina County to stop payments is offering “Light Duty.” Under Ohio law, if an employer offers a position that fits within the restrictions set by a Physician of Record (POR), the worker generally must accept it. JBC Lawyers frequently sees employers attempt to pressure workers into roles that are still too strenuous. If a light-duty offer feels like a “sham” or violates medical restrictions, searching for a “workers’ compensation lawyer near me” is the best course of action.
The offer must meet strict legal criteria:
- It must be in writing.
- It must be specific regarding hours, duties, and pay.
- It must match medical restrictions exactly.
What Happens if the BWC Denies a Workers’ Compensation Claim? Reach Out to a Workers’ Compensation Attorney at JBC Lawyers
In Ohio, the BWC does not have the final say—the Industrial Commission of Ohio (IC) does. If the BWC denies a request to work light duty or stops TTD because they believe a claimant can work, that individual has the right to a hearing.
These hearings take place at regional offices. Claimants stand before a District Hearing Officer (DHO). Employers often have their own workers’ compensation attorney present arguing for a return to work. JBC Lawyers provides the representation necessary to present medical evidence and ensure the true extent of physical limitations is understood.
Going Beyond Standard Benefits: The VSSR Claim
If an injury occurred because an employer knowingly violated a specific safety requirement, a worker may be entitled to a VSSR award. This is a “penalty” payment providing an additional 15% to 50% of the maximum weekly rate of compensation. Because these claims are fought fiercely, a Medina workers’ compensation lawyer is vital for success in securing this extra compensation.
The Role of the MCO: An Employer-Focused Entity
Ohio workers’ compensation claims involve a Managed Care Organization (MCO). While they may sound neutral, they are hired by the employer to “manage” the costs of medical care. This often leads to the denial of necessary MRIs or surgeries. An experienced workers’ compensation lawyer acts as a shield between the claimant and the MCO, ensuring that the chosen Physician of Record makes the calls about health, not an insurance company consultant.
The Importance of the Industrial Commission Hearing
When a claim is contested, the matter proceeds with the Industrial Commission of Ohio. This is a formal legal setting where evidence is weighed and testimony is taken. For an injured worker in Medina, OH, this hearing is the most critical moment in their case. An employer’s insurance may often argue that the claimant is exaggerating their symptoms or that the injury is not work-related. Without a workers’ compensation attorney from JBC Lawyers to cross-examine witnesses and present vocational evidence, an injured worker is at a significant disadvantage.
Common Misconceptions About Working While Injured in Medina County, OH
Many workers believe that if they are working a “desk job,” they cannot qualify for benefits. This is untrue. If an injury occurred while performing duties, the worker is eligible for coverage regardless of their job title. Another common myth is that one can’t work a second job if they are on workers’ comp. As discussed, this depends on the type of benefit. A workers’ compensation lawyer at JBC Lawyers can help clarify a specific situation so a person doesn’t accidentally forfeit their rights. Knowing the rules is the first step toward a successful claim.
Navigating the BWC Website and Paperwork
The BWC website is a repository of forms and information, but it can be overwhelming for an individual without legal training. From filing the FROI-1 (First Report of Injury) to managing medical bills, the administrative burden is high. Let a Medina workers’ compensation attorney from JBC Lawyers handle the “red tape” so you can focus on physical therapy and medical appointments. Accuracy in these documents is important; even a small error in dates or injury descriptions can cause a claim to be sidelined for months.
The Advantage of Choosing Local Counsel
Many large law firms handle cases statewide, but they often lack the personal touch and local knowledge that a smaller, dedicated firm provides. Choosing a Medina workers’ compensation lawyer at JBC Lawyers means working with someone who is familiar with the local medical providers, the specific employers in the area, and the regional hearing officers. This local insight can be the difference between a denied claim and a successful recovery. JBC Lawyers takes great pride in being part of the Medina community and providing that neighborly, yet professional, advocacy.
Protecting Your Future After a Workplace Accident with a Medina Workers’ Compensation Lawyer
A workplace injury in Medina County, OH, is a life-altering event. It affects not just the person’s physical health, but their mental well-being and their family’s long-term security. The stress of dealing with insurance adjusters and employer-hired doctors can be overwhelming. By engaging a workers’ compensation attorney at JBC Lawyers, an injured worker in Medina County, OH, gains an advocate who understands the nuances of the law and can fight for every dollar of compensation available. Whether it is negotiating a lump-sum settlement or ensuring that ongoing medical bills are paid, professional legal guidance is indispensable.
Why Medina Claimants Turn to a JBC Lawyers’ Workers’ Compensation Lawyer
The Ohio workers’ compensation system is a “Legal Goliath.” It is designed as a bureaucratic maze that can discourage workers from pursuing the full benefits they are owed.
Located at 247 E Smith Rd in Medina, JBC Lawyers does not allow insurance adjusters to dictate a claimant’s value. Our firm’s reputation is built on:
- Over 30 Years of Experience: John Brooks Cameron is a seasoned veteran of the Industrial Commission and a graduate of the prestigious Trial Lawyers College.
- Local Identity: This is not a distant “billboard firm.” Our Medina workers’ compensation attorney team consists of local professionals who understand the regional job market and the specific challenges faced by Ohio workers.
No Upfront Costs: Our workers’ compensation lawyers operate on a contingency fee basis. No legal are successfully recovered.