Can I File for Workers' Compensation if I Have More Than One Job?

You may be entitled to workers' compensation benefits if you are injured on the job. Many Americans have found they need more than one job to make ends meet. You don't have to panic if you have multiple jobs and sustain a workplace injury. Even with multiple employers, receiving workers' compensation benefits is still possible. However, some issues could complicate matters.

Workers' Compensation and Concurrent Employment

Injuries on the job happen, and the U.S. Bureau of Labor Statistics reported 2.6 million workplace injuries in 2021 alone. Concurrent employment, defined as having two or more jobs with different companies or the same company, is common.

If you have two jobs and a workplace injury prevents you from working, you may wonder if you can receive compensation for both lost incomes. As long as you are an employee as defined by your company's W-2 form and not an independent contractor with a 1099 form, you meet the basic qualifications for compensation.

You must file a claim within 120 days if you are injured at work. Your workers' compensation insurer will want to see evidence of your other wages. It is helpful to be prepared to show pay stubs from your other job along with tax forms to ensure you receive full compensation.

How Does Workers' Compensation Work When You Have Two Jobs?

Whether you can file a claim to cover both jobs after a workplace injury will depend on if workers' compensation insurance covers both positions. If you are covered, your workers' compensation benefits will cover both jobs and any wages lost due to an injury sustained while working either. This matters because when you are paid for lost wages, workers with concurrent jobs are paid based on their income at both jobs. Workers' Compensation law provision is known as "concurrent wage loss." In some cases, however, an employee may not be covered by workers' compensation insurance at their second job. In these instances, the employee may still receive partial lost wages from their primary employer's policy if they were already employed at a second job before the injury occurred.

How Can Hiring a Workers’ Compensation Lawyer Help

Hiring an experienced workers' compensation lawyer is the perfect place to start when building a compensation case. An attorney plays an important role in developing a plan for a workers’ compensation case. They help clients confidently navigate the legal system by ensuring each piece of the case is handled properly.

Hiring an experienced workers’ compensation lawyer can help you:

  • Navigate the legal system to get the compensation you are entitled to.
  • Fight for all entitled benefits, including benefits for concurrent employment.
  • Represent you in court if needed.

A skilled lawyer can ease a tedious and confusing process while ensuring that the compensation you receive for your injury is fair and just. Navigating the workers’ compensation process can be tedious and confusing, particularly if your employer disputes your claim.

Why Choose Luxenberg Garbett Kelly & George?

If you have been injured at work and have questions about a potential workers’ compensation claim, Luxenberg Garbett Kelly & George is here to help. Our team of experienced lawyers is dedicated to helping injured workers get the compensation they deserve. We have decades of experience representing clients in a variety of industries.

Workers' compensation claims for concurrent employment can be complex, but with the help of an experienced workers’ compensation lawyer, you will be positioned for a positive outcome. If you have questions about your specific situation, do not hesitate to contact Luxenberg Garbett Kelly & George at (724) 576-8855 to schedule a consultation.