It is technically legal to attend school and receive workers’ compensation with the aim of retraining for a skill you can manage since you were injured. However, insurers aren’t always supportive and sympathetic. They may attempt to use your action as a way of proving that you are capable of returning to work in some job even if it’s not your usual one. Your employer, who is responsible for your workers’ compensation, may even offer some light work. This may give them the opportunity to stop your workers’ compensation, whether it’s right or not. In order to be sure you are doing the right thing, you should talk to a workers’ compensation attorney as soon as you are able. This ensures you are pointed in the right direction with regard to your workers’ comp. payments and that your best interests are protected. You May Consider Accepting a Settlement for Your Workers’ Compensation If you have decided retraining is your best option and you know your financial position, it may be a good idea to settle the workers’ compensation and walk out the door with a lump sum payment. At any time the degree of your disability could be challenged. Also, if you no longer hold a job with your previous employer because you were considered to be totally disabled but you are now attending school questions could be asked about your eligibility for workers’ comp. To be safe, once you accept a lump sum settlement you have more choice in what job you can do and in the end be more financially secure. You May Be Eligible for Retraining Benefits If your injury has meant you can’t earn at least 85% of the wages paid before the injury, you might be entitled to vocational retraining benefits. If eligible, this means you could be paid up to 2/3 of a week’s wage, free of tax, while you are participating in a retraining program. The program is based on you returning to work and the retraining benefits include lodging, travel, and mealtime expenses related specifically to the retraining program. So how does it work? Once your physician has given you the document concerning any permanent disability, your employer is given the chance to offer a job to you in your restricted capacity but paying no less than 85% of your wages pre-injury. If your employer is unable to meet this demand you could find you are eligible to receive retraining benefits. Talk to a Workers’ Compensation Lawyer If you are finding it hard to keep your workers’ compensation benefits while you are retraining at school, or you are refused retraining benefits, you should consider handling your case with the help of a workers’ compensation attorney who will fight to get the compensation you deserve. Complete the Free Case Evaluation to be connected with a lawyer that can help you fight for the compensation you deserve. Additional Resources Do You Need a Lawyer For Your Claim? What Does Workers' Compensation Cover?