Pearland, TX asked in Employment Law for Texas

Q: I'm currently employed, but on short term disability. Can I work for another company as long as the work is not related?

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1 Lawyer Answer

A: Hello! Thanks for your question. Disability policies (short-term included) can vary a lot in how they define what it means to be "disabled." I would recommend taking a look at your employer's group Short-Term Disability policy and seeing how it defines "Disability." That in mind, most short-term disability policies define "disability" as an inability to perform the material duties of your own occupation. If you are unable to work your own occupation due to your disability but you can work in a different, unrelated job, then its theoretically possible to work while getting disability benefits. For example, if your job requires you to stand and you can no longer stand, but you could do a sedentary job. But keep in mind also that many policies reduce your weekly disability benefits by any amount you receive in compensation from other employment.

If you're seriously considering returning to work in a different occupation, I would recommend (1) thoroughly reviewing your short-term disability policy to see how returning to work would affect your benefits and (2) talking to an attorney who handles disability insurance claims.

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