If you’ve suffered a workplace injury in Washington state and are receiving benefits through the Department of Labor & Industries (L&I), you may be wondering: Can I still work while receiving L&I benefits? The answer isn’t always straightforward. It depends on the type of benefits you’re receiving and your current medical condition.
Understanding the rules around working while on L&I benefits is crucial, not just for your financial stability, but also to protect your claim from being denied or penalized. In this guide, we’ll break down what’s allowed, what’s risky, and how an experienced L&I attorney can help you navigate the process.
Table of Contents
What Are L&I Benefits?
L&I benefits are designed to support Washington workers who are injured or become ill due to their job. These benefits can include wage replacement, medical coverage, vocational retraining, and compensation for permanent disabilities. However, not all benefits allow you to work while receiving them.
Let’s look at the different types of L&I benefits and how they impact your ability to return to work.
1. Time-Loss Compensation
Time-loss compensation is a temporary wage replacement paid biweekly when your injury prevents you from working entirely. If you’re receiving time-loss benefits, you cannot work in any capacity. Doing so, especially without reporting income, can result in serious consequences, including benefit termination or fraud investigations.
2. Loss of Earning Power (LEP) Benefits
LEP benefits are designed for workers who can return to work in a limited capacity, such as reduced hours or modified duties, but are earning less than they did before the injury. To qualify for LEP:
- Your current earnings must be at least 5% lower than your pre-injury wages.
- Your doctor must confirm that your reduced work capacity is due to your injury.
- You must accept medically approved transitional work.
LEP benefits allow you to work while still receiving partial compensation for lost income, making them a valuable option for those easing back into the workforce.
3. Permanent Partial Disability (PPD) Awards
PPD awards are given when your injury has reached Maximum Medical Improvement (MMI) and you’ve been rated for permanent impairment. You can work while receiving a PPD award, as long as your job duties align with your physical limitations.
What Activities Are Allowed While Receiving L&I Benefits?
If your doctor has cleared you for light-duty or transitional work, you may be able to perform certain tasks while still receiving benefits. These include:
- Working reduced hours
- Performing modified tasks that accommodate your injury
- Participating in vocational rehabilitation programs
However, if you’re receiving time-loss compensation, the following activities are strictly prohibited:
- Working without reporting income
- Performing physical tasks that contradict your injury claims
- Missing scheduled medical appointments
- Posting misleading content on social media that suggests you’re more physically capable than reported
Violating these rules can lead to benefit suspension, repayment demands, or even legal action. If you’re unsure about what’s allowed, consult an L&I attorney to avoid costly mistakes.
How to Return to Work Safely While on L&I Benefits
Returning to work after an injury can be a positive step toward recovery, but it must be done carefully and legally. Here’s how to protect your health and your claim:
1. Get Medical Clearance
Before resuming any work, your doctor must complete an Activity Prescription Form (APF) that outlines what tasks you can safely perform. This form is essential for determining your eligibility for LEP benefits and protecting your claim.
2. Coordinate with Your Employer
Work with your employer to identify light-duty or transitional roles that match your medical restrictions. These roles may include:
- Shorter shifts
- Modified tasks
- Ergonomic adjustments
Employers are encouraged to accommodate injured workers, but not all do so willingly. If you’re being pressured to return before you’re ready, seek legal advice.
3. Submit a Work Status Form
This form helps L&I track your employment status and ensures you’re receiving the correct benefits. Keep it updated and accurate to avoid delays or disputes.
4. Keep Detailed Records
Document everything: your hours, duties, medical appointments, and any changes in your condition. These records can be invaluable if your claim is challenged or reviewed.
What If You’re Pressured to Return Too Soon?
Unfortunately, some employers may pressure injured workers to return before they’re medically ready. If this happens:
- Do not accept work that exceeds your doctor’s restrictions.
- Contact an L&I attorney to protect your rights and ensure your employer is held accountable.
- Report retaliation or unsafe conditions to L&I immediately.
Why You Need an L&I Attorney
Navigating the L&I system can be overwhelming, especially when your health and income are on the line. An experienced L&I attorney can:
- Help you understand your rights and responsibilities
- Ensure your benefits are calculated correctly
- Represent you in disputes or appeals
- Protect you from employer retaliation
Whether you’re returning to work, applying for LEP benefits, or facing pressure from your employer, legal guidance can make all the difference.
Final Thoughts
Yes, you can work while receiving L&I benefits in Washington, but only under specific conditions. Knowing which benefits allow work, and how to comply with L&I regulations, is essential to protecting your recovery and financial future.
If you’re unsure about your situation or facing challenges with your claim, don’t wait. Contact an experienced L&I attorney to get the support you need.
