If you’ve been injured on the job in Washington state and are receiving benefits through the Department of Labor & Industries (L&I), you may be wondering if you can work while receiving L&I benefits. The answer depends on the type of benefit you’re receiving and your medical status.
Understanding what’s allowed, and what could jeopardize your L&I claim, is essential to protecting your income and recovery.
Types of L&I Benefits That Affect Your Ability to Work
Washington state offers several types of L&I benefits, each with different rules about working:
1. Time-Loss Compensation
Time-loss is a partial wage replacement paid every two weeks while you’re unable to work due to a job-related injury or illness. You cannot work while receiving time-loss benefits.
2. Loss of Earning Power (LEP) Benefits
LEP benefits allow you to return to work in a light-duty or reduced-hours role while still receiving partial compensation for lost income. To qualify:
- Your earnings must be greater than 5% of your wages at the time of injury.
- Your doctor must certify that your reduced capacity is due to your injury.
- You must accept medically approved transitional work.
3. Permanent Partial Disability (PPD) Awards
You can work while receiving a PPD award, as long as your injury has reached Maximum Medical Improvement (MMI) and you’ve been rated for permanent impairment.
What You Can and Can’t Do While Receiving L&I Benefits
Allowed Activities (with medical clearance):
- Light-duty work
- Reduced hours
- Modified tasks that match your physical limitations
Prohibited Activities (while on time-loss):
- Working without reporting income
- Engaging in physical tasks that contradict your injury
- Skipping medical appointments
- Posting misleading content on social media
Violating these rules can result in benefit termination, repayment demands, or even fraud investigations.
How to Safely Return to Work
Returning to work can be beneficial for your recovery and financial stability. Here’s how to do it safely:
- Talk to Your Doctor
Get medical clearance for any work activity. Your doctor must complete an Activity Prescription Form (APF). - Coordinate with Your Employer
Discuss light-duty or transitional roles. These may include shorter shifts, modified tasks, or ergonomic adjustments. - Submit a Work Status Form
This form verifies your current employment status and helps L&I determine your eligibility for LEP benefits. - Keep Records
Document your hours, duties, and any changes in your condition. This protects you if your claim is reviewed or challenged.
What If You’re Pressured to Return Too Soon?
Some employers may pressure injured workers to return before they’re ready. If this happens:
- Do not accept work that exceeds your medical restrictions.
- Contact an L&I attorney to protect your rights.
- Report retaliation or unsafe conditions to L&I.
Emery | Reddy’s attorneys specialize in both workers’ compensation and employment law, giving you full protection if your employer violates your rights.
Final Thoughts
Yes, you can work while receiving L&I benefits, but only under specific conditions. Whether you’re transitioning back to work or receiving permanent disability compensation, it’s essential to follow the rules and protect your claim. Call Emery | Reddy today for a Free Case Review.
