How Does Workers’ Comp Work When You Have Two Jobs?

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Understanding Concurrent Employment for Workers’ Compensation

Many Americans work more than one job to make ends meet, but what happens when one of your two jobs results in a workplace injury? The answer to this question depends whether or not you are covered by workers’ compensation insurance at your 2nd job. If you are covered, then your income from your 2nd job should be factored in to calculating your average weekly wage and determining your weekly indemnity benefits.

In some situations, however, earnings from a second job may not count towards determining your benefits. Before you file a workers’ compensation claim, you need to calculate your average weekly wage correctly. Our workers’ comp attorneys at Powers & Caccavale can help.

What Is Concurrent Employment?

Concurrent employment is the legal term for having multiple jobs. According to the U.S. Census, about 13 million American workers have more than one job. When you have two or more jobs and get injured at one of them, there are a few scenarios that could apply:

  • First, you could need time off from one job but still be able to work the second. For example, imagine your first job requires you to be on your feet all day and your second job is a desk job. If you break your leg at your first job, you will be unable to work there for a while, but you may be able to continue your desk job. When this occurs, your workers’ comp insurance company would adjust your benefits based on the income you still have coming in.
  • Second, your injury could prevent you from working both jobs. Suppose you were injured while working at your primary job and you are unable to work. If you report your earnings from your second job to your primary employer’s workers’ compensation insurance company, they will use this information when calculating your benefits. If you are covered by workers’ comp at your second job, then the insurance company for your primary job should include your income from your second job when determining the amount of your weekly indemnity benefits.
  • Third, your second job may not factor into workers’ comp at all. If you are working as an independent contractor or even for the federal government, you may not have state workers’ comp insurance for your second job. When this is the case, your second job might not count towards determining your benefits.

When you get injured at work, you need to be honest and accurate about your income. Communication is the key to getting the benefits you deserve.

Explore Your Options With Our Firm

Workers’ compensation is an imperfect system, and you may face problems when trying to recover the benefits you deserve, especially when you have more than one job.

Fortunately, our lawyers have experience with workers’ comp and can guide you through the process. We can help communicate your situation to employers and insurers and protect your legal rights.

If you have any questions about workers’ comp or concurrent employment, don’t hesitate to call us at (617) 379-0016. We are always available online, as well.

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