Working more than one job? You might be able to double, triple, or even quadruple the amount of workers compensation benefits you’re entitled to!
Most people don’t realize that if they get injured at one of their multiple jobs, then they’re able to claim benefits based upon their lost salary for ALL of their jobs with something called “concurrent employment.”
But how does concurrent employment work? And what do you need to know in order to get compensated for all of your lost income? I’m going to answer both these questions right now.
My name is Rex Zachofsky and I became a New York workers compensation lawyer 17 years ago after getting injured on the job. If you’re looking for a lawyer to help you with your claim with New York Workers Compensation Benefits, please give me a call at 212-406-8989 to schedule a free consultation.
So what does it mean for your workers comp case when you work two or more jobs when you get injured?
The official term for this is “concurrent employment,” and it means you’re eligible to receive benefits compensating you for your lost wages from two or more jobs, regardless of whichever one you were injured at.
Typically when you’re injured on the job, your employer’s insurance company will pay two thirds of your average weekly wage in cash benefits, which is the average of the 52 weeks of gross salary leading up to the accident. So if you earn $600 per week before getting hurt and you aren’t able to return to your job due to your disability, you’re entitled to $400 per week for total disability.
If you are working a second or third job and miss time from them because of your accident, your salaries are added together and your benefits are based upon the total sum. In the eyes of workers compensation law, whichever job you were injured at is considered your primary employment, and the other job is your concurrent employment.
People always want to fight and say “No, my bartending job is my second job and my truck driving job is my real job!” But that’s not how workers compensation looks at it.
In the eyes of the law your primary employment is the job you were hurt at, your concurrent is the other job.
We see this a lot in our daily practice: retail workers moonlighting as waiters or customer service workers moonlighting as Uber or Lyft drivers.
Please note that if you’re moonlighting as a driver for a rideshare service, it’s important that you have tax returns, as well as screenshots or printouts from your apps, to show that you worked up until the accident and that you didn't work because of the accident.
Another big case type that we often see are home health aides, traveling nurses, and traveling health care providers who work for agencies.
This can explode into a lot of money for people because they often work for many different agencies, with just one patient per agency.
To any one agency it looks like they’re working part time, but when they’re doing that for eight different agencies it adds up to a lot of concurrent employment.
We had one client who was working for eight or nine agencies at the time of her accident, which then stopped her from working for all of them, so we were able to get all those job salaries added together. What started off as her getting the state minimum amount of compensation, which was $150 bucks a week, wound up with her getting the maximum rate because all those salaries were added together.
A lot of times when people get injured they don’t realize that their second job can be factored into their benefits. That’s why one of the first things we always ask our clients is whether or not they work a second job, because it can make their workers comp case worth a lot more money.
Another thing that makes your workers comp case worth a lot more money is having an experienced workers comp attorney who knows how to maximize your claim, negotiate with insurance companies, and get the judge to rule in your favor.
So if you or a loved one have been injured on the job here in New York and would like to set up a free consultation with an experienced lawyer who will fight for what you deserve, give me a call at 212-406-8989 today.
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