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? Let’s break it down.
Concurrent employment refers to the situation where you work two or more jobs at the same time. If you get injured at one of these jobs, workers compensation can cover the wages lost from all your jobs, not just the one where the injury occurred. This is crucial for maximizing your compensation benefits.
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. This amount is calculated based on the average of your gross salary over the 52 weeks leading up to the accident. For instance, if you earned $600 per week before getting injured, you’d be entitled to $400 per week for total disability.
However, if you have multiple jobs and your injury prevents you from working at any of them, the salaries from all your jobs are added together to determine your benefits. In workers compensation law, the job where you were injured is considered your primary employment, and the other job(s) are your concurrent employment.
A common scenario involves retail workers who also work as waiters or customer service representatives who drive for Uber or Lyft. In these cases, it’s essential to have documentation such as tax returns and records from apps to prove that you were actively working those jobs until the injury occurred.
Another frequent example includes home health aides, traveling nurses, and healthcare providers who work for multiple agencies. These professionals might appear to work part-time for each agency, but collectively, they could be working full-time or more across several agencies.
We had a client who worked for eight or nine agencies simultaneously. After her accident, she couldn't work at any of these jobs. Initially, she received the state minimum compensation of $150 per week. However, once we added together all her salaries, she qualified for the maximum rate of compensation.
A lot of people don’t realize that their second job can significantly impact their workers comp case. That’s why one of the first questions we ask our clients is whether they work a second job—it can make their case worth a lot more money.
Having an experienced workers comp attorney is also vital. An attorney who knows the ins and outs of the system can help maximize your claim, negotiate effectively with insurance companies, and advocate for you in court.
If you or a loved one have been injured on the job in New York, understanding concurrent employment can make a huge difference in your compensation benefits. To explore your options and ensure you get the benefits you deserve, consider setting up a free consultation with an experienced workers compensation lawyer.
For personalized assistance, feel free to reach out to me, Rex Zachofsky, at 212-406-8989. I’ve been a New York workers compensation lawyer for 17 years, driven by my own experience of getting injured on the job. We’re also able to assist with personal injury matters, social security disability, and labor & employment issues.
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