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Can We Hire Someone Receiving Workers' Comp?

Can our church knowingly hire a person who is receiving workers' compensation benefits?

Question.We have a volunteer who gives a lot of time, maybe 20-30 hours a week. We do not pay him. He is receiving workers' compensation from an ankle injury. One of our board members is concerned that there may be some liability issues for the church in having him volunteer that many hours while he is on workers' compensation. Is this a valid concern?

Answer. Workers' compensation benefits are based on the nature and degree of an injured worker's work-related injury. "Total disability" benefits may be awarded upon a finding that the injured employee can no longer perform compensated employment. As a result, a person's eligibility to receive total disability benefits is directly affected if he or she begins performing compensated employment. And, such employment may not only result in a discontinuation of benefits, but also a legal obligation to return benefits already paid. Is a church subject ...

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Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

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  • March 1, 2013

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