Suffering a workplace accident and going through the process of receiving workers’ compensation can be overwhelming. After securing your benefits, the last thing you want to do is jeopardize them. Sometimes, however, the payments you receive for lost wages aren’t enough to cover your expenses, or maybe you just want to supplement your income while you’re receiving workers’ compensation.
You may be wondering, “Can I still work while receiving workers’ compensation benefits?” The answer is yes, you can, but it’s not that simple. The workers’ comp Oregon working rules are very strict. Whether or not you can work while receiving workers’ compensation depends on medical restrictions and the benefit you’re receiving.
In this article, we’ll walk you through the different types of workers’ comp in Oregon, what kind of work is allowed, workers’ compensation rules while working, and everything else you need to know to navigate working while on workers’ compensation in Oregon.
Important Legal Definitions You Should Know
There are different laws and rules that govern the kind of work you can perform while receiving workers’ comp in Oregon. Let’s take a look at some of the most important ones.
ORS 656.210 Temporary Total Disability (TTD)
If your workplace injury completely prevents you from working, you may qualify for temporary total disability benefits. TTD payments cover about two-thirds of your average weekly wage and stop as soon as you start any kind of work.
ORS 656.212 Temporary Partial Disability (TPD)
If your workplace injury partially limits your ability to work, you may receive temporary partial disability benefits. The amount you receive is proportional to how much you currently earn compared to your pre-injury wages. For example, if you earn 50% of your pre-injury wage in a part-time job, you may receive 50% of the time-loss benefit.
Read more: Permanent vs. Temporary Disability Must-Know Differences
OAR 436-060 Administrative Rules
Oregon’s administrative rules specify when benefits start and stop, how to handle wage adjustments, and how to report earnings. All you really need to know here is that any employment, whether new or continuing, must be medically approved and reported to your insurer. These are part of the state’s workers’ comp Oregon working rules, designed to protect you and ensure fairness.
Related: How to Calculate Average Weekly Earnings for Workers’ Comp
Yes, You Can Work but There are Strict Workers’ Comp Rules While Working
In Oregon, injured employees may be eligible to perform some kind of work while receiving benefits. That work might include part-time or remote work, or what’s called modified duty work. The kind of work you’re allowed to perform depends on your medical status and what your doctor says you can safely do.
Here’s what the law requires. You can work while receiving workers’ comp benefits provided:
- It is medically approved. Your treating doctor must clear you for work and that clearance needs to be documented in your claim. Not respecting medical restrictions after workplace injury can put you at risk of losing your benefits.
- It must respect your restrictions. Even though your doctor clears you to work, they may place restrictions on the kind of work you can do. For example, depending on your injury, they may not clear you for work involving heavy lifiting or standing for extended periods of time. Whatever work you perform must follow those restrictions exactly.
- It is reported to your employer’s insurer. Any income or job activity must be reported to your employer’s insurer. Hiding your earnings, misrepresenting your job duties, or working beyond what your doctor released you for can result in you losing your benefits or even facing serious legal consequences.
Remember, the system is meant to help you recover and return to work safely, not to replace wages indefinitely. Working within your restrictions and following the rules protects both your benefits and your health.
What type of work is allowed while on workers’ comp?
Not only is working allowed but it’s actually encouraged under the right circumstances. After all, the goal is to help you gradually return to productive employment after an injury. As long as you meet the requirements above, you can work without losing your benefits.
Here are some of the kinds of work you can do while receiving workers’ compensation:
Modified or Light-Duty Jobs
While you’re recovering, your employer may offer modified duty workers’ comp Oregon positions that match your medical limitations. These jobs often involve reduced hours, lighter tasks, or temporary changes to your usual role. When your doctor approves, your benefits will usually shift from temporary total disability to temporary partial disability, meaning you’ll still receive partial benefits to cover lost wages.
Accepting medically approved modified duty work is one of the best ways to stay engaged, earn income, and maintain eligibility for benefits. Refusing a valid offer without good cause can lead to suspension or reduction of payments.
Part-Time Work
If you can’t handle your full workload but can manage a part-time schedule, your doctor may authorize you to do so. Your benefits will adjust to reflect your new income, and you’ll need to provide documentation of your earnings.
Vocational Rehabilitation or Transitional Work
If you’re unable to return to your prior position, Oregon’s workers’ comp system may offer vocational rehabilitation like training, job placement, or adjusted duties to help you re-enter the workforce safely. This transitional support ensures you stay within your medical restrictions after a workplace injury while rebuilding your career.
Read more: What You Need to Know About Workers’ Comp Vocational Benefits
FAQs About Workers’ Comp Oregon Working Rules
Can I work part-time while on workers’ comp in Oregon?
If it’s approved by your doctor, yes. Oregon law allows injured workers to perform light-duty or part-time work while receiving benefits, as long as the job fits within your medical restrictions. However, your benefits will likely be reduced based on what you earn.
What happens if I’m caught working while on total disability?
Working while receiving temporary total disability (TTD) benefits without approval is a serious violation. If you’re caught, the insurer can terminate your benefits, demand repayment, and even refer the case for criminal prosecution under Oregon law.
Does volunteering affect my benefits?
It can. Even unpaid volunteer work might raise red flags if it involves physical activity outside your medical limits or resembles paid employment. Always check with your doctor and notify your claims adjuster before volunteering. If it’s truly within your restrictions and you’re not earning money, it usually won’t affect your benefits.
Can I be fired while on workers’ comp?
Your employer can’t fire you because you filed a workers’ comp claim since that’s retaliation, and it’s illegal. But you can be fired for other reasons, such as company-wide layoffs, performance issues, or misconduct unrelated to your injury. If you’re terminated while still medically restricted, your benefits may continue or change depending on your work capacity. In any case, talk to an attorney before signing anything or accepting a settlement.
Still not sure if you can work while on workers’ comp? Just Ask
Oregon’s workers’ compensation system recgonizes that many injured employees want or need to work while they’re recovering. That’s usually fine, as long as your doctor has cleared you and you’ve informed your employer’s insurer.
Still, depending on your particular situation, you may still be unsure. Don’t take chances. Talk to your doctor, your employer, or the insurer before returning to work. It’s always better to ask first than risk your benefits later.
If you have questions for a workers’ comp attorney, we’re here to help. At Ransom, Gilbertson, Martin, & Ratliff, LLP, we specialize in making sure injured workers get the benefits they’re entitled to. Contact us today for a free consutation to discuss your case and your options.
Mike grew up in a military family and attended Northwestern School of Law in Oregon, where he graduated with honors. He began practicing workers’ compensation law in 1991 and became a founding partner of Ransom & Gilbertson in 1995. With decades of experience, Mike is known as a top 1% workers’ compensation attorney and has earned Martindale-Hubbell’s highest AV rating for skill and ethics. Outside the office, he enjoys rafting, fishing, going to the beach, and spending time with his dog, Sahalie.