Massachusetts Workers' Compensation Lawyer Blog
In short, no. In almost every case, you can only receive benefits from the job where your work-related accident or illness occurred. But that doesn’t mean that a second job is irrelevant. If you are injured on the job, and you have multiple jobs, it is essential that you report the other job to your employer, and to your MA workers’ compensation attorney. Failing to do so can result in serious repercussions.
To receive workers’ comp benefits, you must prove that you suffered an accidental injury or illness, and that the injury or illness arose in the course of employment. However, even when you are able to prove this, employers and insurance companies usually don’t give in without a fight. And when it comes to multiple jobs, the fight can get even more complicated. According to USA Today, about 7.8 million Americans have two or more jobs. What happens to these workers when they are injured at one job, receive workers’ comp benefits from that employer, but cannot work at their other full or part-time job?
Total Disability
Workers’ compensation benefits generally cover up to two-thirds of your average weekly pay. Considering that you can only recover compensation from the job at which you were injured, the 7.8 million workers with multiple jobs may find themselves in a sticky financial situation. But there is some good news. If a work-related injury leaves you totally disabled, the pre-injury wage from which your benefits are calculated will include wages from other jobs. In fact, it will even include overtime and bonuses received. Benefits for total disability can last up to three years.
Partial Disability
If, on the other hand, you are partially disabled, benefits will be based on the difference between your current earnings and your pre-injury wages. As such, multiple jobs will still be factored into the calculations. For example, if you make $500 per week at job A and are injured at job A, and you make $250 per week at job B, what happens if you can’t work at either job? In this scenario, the 60 percent will be based on the difference between pre-injury and post-injury wages. Since this is $750 vs. $0, the difference is $750, and the benefits will be based on that amount.
Can a Second Employer Terminate Me for Missing Work?
We’ve discussed workers’ comp pay when multiple jobs are involved, but what about job security? Well, it depends on the type of employer. If you are injured at job A and your injury prevents you from working at job B, your position at job B is safe if job B is required to pay workers’ comp benefits. Some employers are not held to these laws. A Boston worker’s comp attorney can help you determine if second and subsequent employers are required to hold your job while you recover.
Altman & Altman, LLP – Workers’ Compensation Attorneys Serving All of MA
If you have been injured in a work-related accident, the skilled legal team at Altman & Altman, LLP can help. We have been protecting the rights of MA workers for more than 50 years. When multiple jobs are involved, the already-complicated workers’ comp process can become even more confusing. At Altman & Altman, LLP, we will analyze your unique situation to determine the best legal strategy before moving forward. If negligence played a role in your injuries, you may be entitled to additional compensation for medical expenses, pain and suffering, and lost wages. If you’ve been injured, we can help. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.
