Will a NYS Workers' Compensation Judge Believe You If You're Seen Working at a Friend's Business?

A New York workers' compensation judge will not automatically deny benefits simply because you were seen working at a friend's place; the decision hinges on whether the work violates the disability claim, the nature of the work, and the credibility of the evidence.

Key legal factors

The judge looks at three main points: the disability's scope, the type of work performed, and the timing relative to the claim.

• Disability scope: If your injury legally prevents you from performing the job duties you were hired for, any similar work may be considered a breach of the claim.
• Nature of the work: Light, occasional tasks that do not exceed the physical limits documented in your medical reports are less likely to jeopardize benefits.
• Timing and documentation: If the work occurred after you filed for benefits and before a formal determination, the judge may view it as evidence you are capable of work.

Evidence the judge may consider

Judges evaluate all available proof, including:

• Photographs or video showing you performing tasks.
• Witness statements from the friend or other employees.
• Medical opinions confirming whether the observed activity is compatible with your injury.

Potential outcomes

If the judge concludes the work was within your medical limits and not a full‑time job, benefits may continue, possibly with a reduced wage‑loss component. If the work is deemed comparable to your previous duties, the judge can suspend or terminate benefits.

Steps to protect your claim

Document your medical restrictions clearly, notify your employer and the Workers' Compensation Board of any incidental work, and obtain a physician's written opinion if you plan to help a friend.

Comparison of typical scenarios