The short answer to this question is both yes and no, in that yes you may risk losing your benefits, but no you should not! In fact, any attempt to pull your workers comp benefits because you’re spotted in the gym is a violation of your legal rights.
What is Workers’ Compensation?
A series of laws passed in the first two decades of the 20th century, first on the federal level, and then in the states, beginning with Wisconsin, guaranteed workers who were injured on the job money that they would receive while they recovered. Prior to this, an employee would have to go through a long court process to receive money during their recovery.
This protection was a long way in the making, but it represented a paradigm shift in the relationship between companies and their employees. Today, workers comp benefits are guaranteed at various degrees in all states, with oversight by the Department of Labor. You can read more about federal protections here.
Not all jobs are covered by these protections, and it is up to each individual state to determine who receives coverage. For example, some seasonal jobs are not covered in many states, with agriculture and part-time positions receiving the least protection.
Generally, if you have a job that qualifies you for workers comp benefits, the coverage will last for the period of your recovery and cover your lost wages, or a percentage of those wages, for either a set period if you cannot return to work, or until you are back on the clock.
In addition, certain injuries, including permanent scarring or other disabilities, will yield a one-time payment on top of other compensation. Workers’ compensation is covered through an insurance plan that the employer is legally required to join.
Do I Qualify for Workers’ Compensation?
Your contract should stipulate what happens if you are injured at work and what coverage you are eligible to receive. Usually, workers comp benefits should kick in, following your application for it, under any of the following circumstances:
- Chemical burns
- Slip and fall injuries
- Car crashes while in the course of work
- Assault-related injuries while on the job
- Loss of limbs
- Broken bones
- Permanent scarring
- Disfigurement
- Internal injuries
- Injury due to fire
Depending on your individual state’s laws, you will need to file a workers’ compensation claim within a certain period of time after sustaining the injury for the claim to be processed and the payments to begin coming in. If you are unsure of the process and how it is carried out, it might prove valuable to employ the service of a workers comp attorney in order to ensure the process goes smoothly and you receive the full compensation you are entitled to.
Can I Go to the Gym While Receiving Workers’ Compensation?
Not only is it ok to go to the gym, you probably should. That said, it all depends on the advice you receive from your doctor and physical therapist. Nearly all injuries require a certain degree of gradual physical therapy to recover.
Some of these physical therapy routines can be performed best at a gym or fitness center, where you have access to yoga mats, weight training equipment, cardiovascular equipment such as treadmills or elliptical machines, and other useful machines, space, and trainers.
None of this is disqualifying in any way. But, be wary. Injuring yourself as a result of the primary work injury can yield further compensation, but not if it comes as a result of you overdoing it. Running a marathon on workers comp benefits is probably a no go. But doing weight training as part of your physical therapy recovery routine is normal and encouraged.
What Happens if My Workers’ Comp is Rescinded?
It isn’t unheard of for medical insurance providers to employ private investigators to check up on recipients, particularly when a high-value claim has been paid. If they find a reason to believe that you are exaggerating or faking your injury, you can lose your compensation and face legal battles.
It’s also not uncommon for people to be wrongly accused or unfairly dropped from their compensation, in which case the best course of action is to pursue legal options.
You can find out more about the meaning of workers’ compensation through the link.
