In cases where the insurance companying is denying the payment of compensation benefits, our clients are placed in a difficult financial situation. They are also often concerned that if they engage in any employment that this may negate their entitlement to compensation benefits under the Defense Base Act. However, an individual, even though they are working, may still be entitled to compensations benefits. This depends on the extent of their disability, the nature of any new employment, and the level of income in the new employment.
If an individual takes a light-duty position within their doctor’s restrictions, and such position pays less than the job they were performing at the time they suffered their injuries, they are still entitled to compensation benefits to account for the loss in earnings between the light-duty position and the pre-injury employment. In fact, in cases where our clients are able to secure light-duty employment within the restrictions imposed by their doctors, and are able to perform the job without risking further injury, we encourage our clients to return to work.