Going back to work while still on workers’ comp can feel like a gray area. Many injured workers in New Jersey wonder if they can resume working and what happens to their benefits when they do.
Your legal right to return to work
New Jersey allows injured workers to go back to work before a claim is fully closed. That said, a return to work needs to meet a few conditions:
- Your injury must have improved enough that you can safely handle some level of work activity without risking further harm
- The role your employer offers must fall within the medical limitations your doctor has documented
- Your employer must have a suitable position available, though New Jersey law does not require them to create or offer light-duty roles
Timing also plays a role in this process. New Jersey has a seven-day waiting period before temporary disability benefits kick in, and if your total time away from work exceeds seven days, those payments become retroactive to day one.
The potential impact on your benefits
In New Jersey, temporary total disability pays 70% of your average weekly wage, subject to state-mandated minimum and maximum limits, when you cannot work at all due to your injury. Once you take on light-duty or modified work, this can change in the following ways:
- If your light-duty pay matches or exceeds your pre-injury earnings, your temporary disability payments will likely stop
- If your light-duty role pays less than your pre-injury job, the state does not provide a benefit to cover the wage gap
- If you come back to work in any capacity, medical benefits for your work injury typically continue regardless of your work status
- If you reach maximum medical improvement, permanent partial disability is a separate benefit that may still apply
It is also worth noting that if your condition worsens after resume working, you may be able to revisit your benefit status and seek additional compensation. Keeping detailed records of your symptoms and any changes in your work duties can help support a future claim or benefit review.
The nonnegotiable role of your treating physician
The employer or its insurance carrier picks the doctor who handles your work-related injury. That doctor assesses your condition and decides when you can return.
Your doctor’s opinion carries major weight in the process. A full-duty clearance will likely end your temporary disability payments. If the doctor sets light-duty restrictions instead, both you and your employer need to follow them.
While you can seek a second opinion, doing so without authorization from the carrier or court means you will likely have to pay for the visit out of pocket. You can request an informal hearing or file a formal claim petition if a dispute arises, but keep in mind you must file a formal petition within two years of your last compensation payment or authorized treatment to protect your rights, as requesting an informal hearing does not stop this clock.