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Can I Work a Second Job While Getting Workers’ Comp in Louisiana?

Posted by Liz Delsa | Sep 11, 2025 | 0 Comments

If you've been injured at work in Louisiana—whether it was caused by someone else's negligence or happened through no fault of your own—you might be receiving workers' compensation benefits. But what if you need more income to make ends meet? Can you legally work a second job while still receiving workers' comp in Louisiana?

The answer is: it depends on the type of workers' comp benefits you're receiving and your physical limitations. Below, Louisiana workers' compensation lawyer Ben Delsa at Delsa Law Firm, LLC explain how Louisiana law handles this situation and what you should know before making any decisions.

Understanding Workers' Compensation Benefits in Louisiana

Louisiana workers' compensation is governed by the Louisiana Workers' Compensation Act (La. R.S. § 23:1020.1 et seq.), which provides medical coverage and wage replacement benefits for workers who suffer job-related injuries.

There are several types of workers' comp benefits in Louisiana, including:

  • Temporary Total Disability (TTD) – you are completely unable to work temporarily.
  • Supplemental Earnings Benefits (SEB) – you can work but earn less than you did before the injury.
  • Permanent Partial Disability (PPD) – for permanent impairment of certain body parts.
  • Permanent Total Disability (PTD) – you are unable to return to any type of work permanently.

Whether or not you can take a second job depends largely on which of these benefits you're receiving.

Can You Work a Second Job If You're Receiving Workers' Comp?

If You're Receiving TTD or PTD

If you're getting Temporary Total Disability or Permanent Total Disability benefits, you're telling the insurer that you are unable to work at all. Taking a second job during this time would directly contradict your claim and could result in immediate loss of benefits or criminal charges for fraud under La. R.S. § 23:1208.

Even if the new job is physically easier or part-time, accepting it without clearance and disclosure can be considered a misrepresentation.

If You're Receiving SEB

If your injury allows you to work, but not at the same level as before, you may be receiving Supplemental Earnings Benefits under La. R.S. § 23:1221(3). These benefits are paid when you earn less than 90% of your pre-injury wages.

In this case, you can legally work a second job. However:

  • Your SEB amount will be reduced based on how much you earn from the new job.
  • If your combined income from all jobs exceeds 90% of your pre-injury earnings, your SEB may be discontinued.

Transparency is critical. You must report any income you receive from another job to your employer or their insurer. Failure to do so could be considered fraud.

If You're Receiving PPD

You may be eligible for Permanent Partial Disability benefits if your injury has caused long-term damage to a specific body part but you can still work. For example, if you lost partial use of your hand but can still perform other tasks, you may qualify for PPD payments while continuing to work or even starting a new job.

PPD payments are typically paid based on a scheduled number of weeks per injury. For instance, loss of a hand may be compensated for up to 150 weeks, regardless of whether you return to work during that time.

What If You Already Had a Second Job Before the Injury?

If you held more than one job prior to your injury, your total earnings may be considered when calculating your Average Weekly Wage (AWW), depending on your employment classification. Under La. R.S. § 23:1021(13), the AWW is typically calculated using your earnings during the four full weeks before your injury.

However, several important limitations apply:

  • Part-time status matters: If you are classified as a part-time employee and worked multiple jobs in successive employments, your AWW can be calculated using the combined hours from all jobs—up to a maximum of 40 hours per week.
  • Single-employer liability: Only the employer for whom you were working at the time of the injury is responsible for paying your workers' compensation benefits. Your other employer(s) are not obligated to contribute, even if their wages are used in calculating your AWW.

Light Duty Work and Vocational Rehabilitation

If your treating physician believes you are fit to perform light duty work, and your employer can accommodate those restrictions, you are typically required to accept the position. Refusing without a valid medical reason can cause you to lose benefits.

If your employer cannot accommodate your restrictions, the insurer may assign you to vocational rehabilitation, where a counselor tries to place you in a job that fits your abilities. This may involve switching jobs entirely, even temporarily.

Be aware that vocational rehabilitation is sometimes used as a tool to terminate benefits, so it's critical to consult a workers' comp attorney before making any major decisions.

Can You Be Fired From a Second Job?

Your job protections under Louisiana workers' compensation laws generally only apply to the employer where the injury occurred. Other employers are not required to hold your position if you become unable to work due to an injury sustained elsewhere.

Even if your second employer has workers' comp coverage, they may lawfully terminate your employment if you can no longer perform your job duties.

What Happens If You Work Without Reporting a Second Job?

This is one of the biggest mistakes an injured worker can make. Failing to report outside income—even part-time work or freelance gigs—can lead to:

  • Immediate loss of benefits
  • Forced repayment of benefits
  • Civil or criminal prosecution

The Louisiana Workforce Commission warns against working another job while claiming to be fully disabled. Always report all work and earnings truthfully.

Slidell Louisiana Workers' Compensation Lawyer

If you've suffered a workplace injury in Louisiana and are considering taking on a second job—or if you already have multiple jobs—your next move could significantly impact your workers' compensation benefits. Louisiana workers' comp law is complex, and small mistakes can cost you your livelihood or result in legal penalties.

Attorney Delsa is an experienced work injury attorney who understands Louisiana's workers' comp laws and can help you protect your rights. Contact Delsa Law Firm, LLC by calling (985) 882-1222 or contacting us online for a free consultation. Let Attorney Delsa give you the support and guidance you deserve.

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