Going Back to Work? You Must Report It

Going back to work is good news. It usually means you are healing. But it also changes your workers’ compensation benefits, and the law puts the responsibility on you to make sure the change is reported. Most people who get into trouble here did not set out to cheat anyone. They assumed someone else would tell the insurance company, or that a few weeks of part-time work did not matter. It does.

Why reporting matters so much

Your weekly checks are based on how much you are unable to earn because of your injury. When you start earning again, the basis for those checks changes. If you keep collecting as though you were still out of work, three things can happen:

• You can lose your benefits. Under Section 114-a of the Workers’ Compensation Law, a person who knowingly makes a false statement or misrepresentation to get benefits can be disqualified from the compensation tied to it, and the Board can bar future benefits on the claim as well. Failing to disclose work you are doing can count.
• You will have to give the money back. Benefits paid for weeks you were working are an overpayment, and it can be recovered, often out of money you would otherwise receive later in the case.
• It can be a crime. Knowingly collecting benefits you are not entitled to can be prosecuted as insurance fraud.

We explain the penalties and how the Board applies them in detail on our page about working while collecting workers’ comp.

What counts as going back to work

More than people expect. Report it if you:

• go back to your old job, full time or part time, including light duty
• start a different job, even at much lower pay
• do side work, gig work or rideshare and delivery driving
• work for cash, off the books, or for a friend or family business
• become self-employed or start doing work for your own business again
• do volunteer work that involves physical activity similar to a job

When in doubt, report it. Telling us about work that turns out not to matter costs you nothing. Failing to tell us about work that does matter can cost you everything.

Going back to work does not always end your benefits

Many people are afraid to report a return to work because they think it means losing every dollar. That is often not true:

• If you are earning less than before the injury, you may be entitled to reduced earnings benefits, two-thirds of the difference, up to the state maximum.
• Your medical care continues. Treatment for the work injury stays covered after you go back.
• Your claim stays open. If you are out again because of the injury, benefits can resume, and any permanent injury is still addressed later in the case.

Reporting the return is how you protect those rights. Hiding it puts all of them at risk.

How to report it

1. Call us before your first day back, or the same day. We will notify the insurance carrier and the Board and make sure your benefits are adjusted correctly, including any reduced earnings you are owed.
2. Put it in writing. Keep a record of the date you returned, the employer, your hours and your pay. Save your pay stubs.
3. Tell your doctor, so your medical reports reflect that you are working and with what restrictions.
4. If a check arrives for a week you were working, do not cash it. Call us so it can be returned or credited properly.
5. Report changes as they happen, such as more hours, a raise, a new job or stopping work again.

The carrier often learns about a return to work on its own, through payroll records, the employer, tax filings or surveillance. You want the report to come from you first.

Frequently Asked Questions

Do I have to report going back to work if I’m collecting workers’ comp in New York?

Yes. If you are receiving weekly benefits and you return to work in any capacity, you should report it right away so your benefits can be adjusted. Continuing to collect as though you were not working can lead to disqualification, repayment and possible criminal charges.

What if I only work a few hours a week or get paid in cash?

You still need to report it. Part-time, cash, gig and off-the-books work all count, and so does self-employment.

Will I lose all my benefits if I go back to work?

Not necessarily. If you earn less than before the injury, you may receive reduced earnings benefits, and medical treatment for the injury continues.

A check came after I went back to work. What should I do?

Do not cash it. Contact your attorney so the payment can be returned or credited correctly.

Who do I tell when I go back to work?

Tell your attorney first. Your attorney will notify the insurance carrier and the Workers’ Compensation Board. You should also tell your doctor.

Talk to a New York workers’ compensation attorney

The Law Offices of Frank J. Dito, Jr. handles workers’ compensation claims from the office on Staten Island, for injured workers throughout the five boroughs and across New York State. Going back to work? Call us first, and we will take care of the notice.

Call 718.701.2776 or 800.310.5520. Consultations are free. If we don’t recover money for you, we don’t get paid.