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WC claim for a torn ACL in your knee and you have now been offered a new job in a different company Can you take the job and still be entitled to WC from the previous employer?

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Wiki User
02/26/2007

If your out of work because of this injury and your collecting comp. money because of this injury, NO you cannot go to work at a different company and continue to collect. This is fraud. You are claiming this injury does not let you perform your job and are getting compensation for it. So how can you perform the same job and still collect and get a paycheck. Think about it. The claim pays you for lost wages because of the injury and you should have a stated amount of time for your claim, to either get it medically fixed or prove it can be fixed. Comp. doesnt last forever. Call the claims office and ask them anonimously, they should be able to answer you. Workmen's Compensation is just that: Compensation. Period. The acceptance of a new job, whether with the same employer or not, does not eliminate the injury for which you are being compensated. If there remains some doubt as to whether your claim was valid or not in the first place, and the duties of the job you are accepting include the type of movement normally prevented by your injury, then your acceptance of that job may place your credibility in somewhat of a shadow if your injury has not had time to heal or the new employer has not been made aware of your limitations. The idea is that you cannot be "well" for the purpose of gaining new employment while being "injured" for the purpose of collecting insurance payments, all else being equal. If things are NOT equal all the way around (which is usually the case), there should be no problem. If your claim has not been settled with your current employer, the claws may come out against you once your new job offer is found out, as it will tend to lend credence to the supposition that your injury has not impeded you in your work efforts to the degree that compensation is required as a result. If an award has already been decided upon, and is in the process of physically making its way to you, then any decion-making has already been done by the concerned parties. If your claim was decided favorably in short order after the incidence of your injury, and you were found playing basketball two days later, then you'd have something to be concerned about. If you got hurt in a warehouse while unloading trucks and got an office job using a computer afterward, one thing would have nothing to do with the other.