Quick Answer If your on-the-job injury causes you to be unable to work your primary job and your part-time job, you may be eligible for workers’ compensation benefits for both.
If your on-the-job injury causes you to be unable to work your primary job and your part-time job, you may be eligible for workers’ compensation benefits for both. Keep in mind that certain qualifications must be met to receive workers’ compensation benefits, and it’s important to ensure you file your claim correctly.
When you’re injured, filing a claim can be taxing. Pond Lehocky Giordano can help. We take care of your claim from start to finish to help you maximize your workers’ compensation benefits and allow you to rest and heal so you can return to work.
Can You Work a Second Job if You’re Receiving Workers’ Comp for the First Job?
Many Americans find themselves working two jobs to make ends meet or to work towards certain financial goals. Part-time job income may be additional income to some, but it is still needed income for many. If an injury makes it impossible for you to work your full-time job, but you are still able to work your part-time job, you can still receive workers’ compensation benefits.
If you aren’t currently working a second job while receiving workers’ compensation, no one an stop you from taking a new one, but keep in mind that you may have difficulty continuing to receive your benefits if you are no longer able to prove you can’t do your primary job for which your benefits are covering. In other words, if your injury prohibits you from doing your primary job (like standing for long periods) but would not prohibit you from doing a different job, like staying seated, you may pursue another job, but you will need to report the job and the income from the job to your claims administrator.
Is There a Risk if Your Employer Finds Out You’re on Workers’ Comp?
Collecting workers’ compensation for your part-time job if you can no longer work it is possible, but you need to be transparent when filing your claim for benefits. If you are still able to work your second job, you will need to report the income you receive from your second job on your claim.
Complexities often arise when attempting to file a workers’ compensation claim when you have both a full-time and a part-time job. It’s possible to receive compensation to cover both, but it’s advisable to consult a workers’ compensation attorney to determine how to file correctly.
What Happens if You Were Injured at One Job But Your Injury Affects Both?
If you are injured on the job, it is the employer’s responsibility to pay your workers’ compensation benefits if you are eligible. The second employer has no legal obligation to pay workers’ compensation benefits to you, nor do they have any obligation to accommodate you at your job, save your position for you if you cannot work, or keep you on board doing “light duty” if you can’t work the position for which you were hired. As a result, your second employer can let you go, or demote you to another position if they feel, in their sole judgment, you aren’t able to properly perform the duties of your first job any longer.
Variations in Calculating Benefits for Multiple Jobs
If you have two jobs, your total workers’ compensation benefits will be calculated based on the total amount you were making from both jobs at the time of your injury. This may mean that your total benefits will be higher.
Overtime and regular wages are also included when calculating these benefits, so it is important to include them all. If you are still able to work one of your jobs, you will need to include that income on your claim. The ability to work one job and not the other may result in a different calculation of your benefits.
Can You Be Forced to Go Back to Work if Your Employer Finds Out You’re Working a Second Job While on Workers’ Comp?
It is not illegal to work a second job while you are receiving workers’ compensation benefits, but it is important to remain transparent about your ability to work and your continued employment. Workers’ compensation benefits are available to people who cannot work their primary job and, as a result, suffer a loss of income. It is entirely possible that an injury makes you unable to work your primary job (like lifting heavy objects or doing landscaping), but does not affect your ability to work your second job, which may involve sitting at a desk or taking calls in a call center.
Being upfront about the status of your injury and recovery is key to ensuring you receive the benefits you need and are treated fairly by the employer paying your workers’ compensation benefits.
Be Sure to Report All Your Income
Most importantly, report all income you receive from both jobs when you file your workers’ compensation claim. If you work two jobs, reporting the income you receive from your second job is mandatory. If you can’t work that job, reporting that income may increase your benefits.
If you can still work a second job, your benefits may decrease, but it is illegal to attempt to hide sources of income when filing a claim. Reporting all the income you receive helps you receive the benefits you need and protects you and your employer from workers’ compensation fraud.
Filing claims can be difficult, particularly if you have more than one source of income. Hiring an experienced workers’ compensation attorney to handle your claim can give you peace of mind knowing that you have filed correctly. Having an attorney on your side can also help if you need to file an appeal for a denied claim.
A Lawyer Can Help with Your Workers’ Comp Claim
When you are injured, Pond Lehocky Giordano can help. We are dedicated to ensuring you receive the maximum workers’ compensation benefits you need to cover your expenses and get back on your feet. We have over 250 years of combined experience handling disability and workers’ compensation claims, and we’ve won over 100,000 cases in this area of law.
To schedule a free, no-obligation consultation with our legal team, call 1-800-568-7500 or fill out our contact form today.
