Upper Darby, PA asked in Workers' Compensation for Pennsylvania

Q: Can partial time independent self work affect my workers compensation case?

I had a work injury since April 17, 2014 and not working since then till recently I used my own car to do independent work for Uber to pay my rent, car note, insurance, bills and buy my new born baby needs and feed the house since my workers comp wage was insufficient and not pay on time. I have a lawyer on the case. We have mediation next week. Would that affect my case? Just work few hours and couldn't but did not tell my lawyer about it now he found out.

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1 Lawyer Answer
Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

A: This can absolutely affect your case. If you had self-employment income before the work injury and that income did not change after the work injury, then there is no credit, but if the self-employment income increased, the workers' compensation carrier would be permitted to reduce or even eliminate your wage loss benefits. If you have been being paid workers' compensation while receiving income from self employment, you may have been overpaid, and you may owe the workers' compensation carrier money.

Furthermore, the self-employment can be used by the workers' compensation carrier to demonstrate that you are capable of returning to work through a vocational expert and further reduce or even eliminate your entitlement to wage loss benefits in the future.

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