How Does Workmans' Comp Work When u Have 2 Jobs? - Full Guide for Victims
Millions of Americans have various jobs to be able to afford housing, food, education, and more. It's more common in some states, but it's still a reality all over the US.
Having two jobs means the person probably works for most of their day, every day. Although it will provide them with more money, it could also mean they have more chances of accidentally getting hurt, especially if they perform physical activities while they're on their job.
If someone suffers an injury and can't perform their second job, they might be very worried because they fear losing most of their income.
Nonetheless, lawyers focused on workers' comp work with clients to guarantee they get the maximum compensation possible.
The law protects victims, and they have multiple options when it comes to workers' compensation. They'll have to negotiate with the insurance company and make different decisions to get the best results, but it's completely possible, especially when having top-notch legal assistance.
In this article, victims will learn about their options and they'll understand what happens to their workers' compensation benefits if they have more than one job. They'll also know why they should always get legal assistance if they're filing a claim and why they should hire lawyers at Schuerger Shunnarah Trial Attorneys to guide them throughout the process.
Understanding Concurrent Employment for a Workers' Compensation Claim
Numerous Americans have multiple jobs to be able to make ends meet. However, if one of them results in a workplace injury, victims may not know what to do next.
Determining the next steps will depend on whether or not the person had workers' compensation in their second job. If they have coverage, then their earnings have to be included when calculating weekly benefits and wages.
Nonetheless, it's crucial to note that there are exceptions. Before filing a workers' compensation claim, people need to know exactly how much they'll have to get per week. A knowledgeable and experienced lawyer such as the ones at Schuerger Shunnarah Trial Attorneys can help people throughout this process and guide them accordingly.
What Is Concurrent Employment?
It's a legal term that means the person has multiple jobs. According to data from the US Census, around 13 million Americans work in more than one place.
When someone works in multiple places and accidentally hurt themselves on the job, there are a few things that could happen:
They may need time off from the first job, but they could be able to keep working on the second one. If they can continue working, their lost wages will be measured and paid accordingly.
In other cases, the injury may prevent them from working both jobs. When this happens, the person receiving workers' compensation benefits should get the full amount of their weekly wages.
Lastly, someone's second job may not count for workers' comp benefits at all in some cases. If they work for the federal government or as independent contractors, they may not have insurance for that, so the amount of money they make won't make a difference when it comes to their claims.
Communication is key when someone suffers a workplace injury. They must be open and honest about what happened, negotiate with the insurance company, and provide the necessary documents to file a workers' compensation claim.
The best idea is to talk to a workers comp attorney in Dallas. They'll listen to the person, and once they tell them they had more than one job, they'll help them explore their options to see if workers' comp covers the second one.
Injured workers often have to go through a lot and must deal with lost wages asides from the consequences of their injuries. If they had a second job, things could be even more challenging because they might not be able to keep it anymore, either.
Concurrent employment can be beneficial in terms of someone's finances, but when it comes to workers' comp benefits, people must find legal help to choose the best actions for their future.
Can It Affect Workers' Compensation Benefits?
The short answer is yes, concurrent employment may affect someone's workers' compensation insurance, and it can make the process much more of a hassle since coverage may not apply to their second job.
However, a workers' compensation attorney could help the person understand all their options and pick the best one to benefit them in the long run.
Lawyers at Schuerger Shunnarah Trial Attorneys are ready to passionately defend their clients and guide them through moments of need, so they'll assist anyone who has two jobs and wants to file a workers' comp claim. They can also answer questions like, "Can I be fired for an injury outside of work?"
Should People File for Workers' Comp?
Regardless of their average weekly wage, people should always file for workers' compensation insurance if they got hurt while they were working.
Workers' compensation benefits are supposed to act as a safety net if someone gets hurt on the job. Although not all injuries are severe, many of them might make the person unable to generate income for weeks, months, or even years.
In most cases, workers' compensation benefits will cover the person's current income through different payments. Furthermore, it will also cover medical expenses, which might be very expensive.
What Victims Must Do If They Have Two Jobs
The first step the person must follow is to immediately talk to their employer. They have to report their medical issue and tell them they have a second job.
After that, the person will have to disclose how much they made on their second job. If they have any evidence of how they got injured and documents supporting their weekly income, they'll have to provide that too.
The victim can also get testimonies from witnesses if they find people who can report on the injury they suffered. Lastly, they must seek medical treatment and abide by what the doctors tell them.
Victims should remember that the employer responsible for paying their claim is always the one where their medical emergency happened.
What Happens If the Person Can't Work in Any Job Anymore
Sometimes, workplace injuries might prevent a person from working anywhere. If that happens, workers' compensation benefits should cover the entirety of their income.
Can Someone Use Workers' Compensation Insurance and Work at Another Job?
The person could still keep their first or second job while they're receiving workers' compensation benefits, as long as they're following medical advice.
To keep working, the person will have to consult with their doctor. If they approve, they'll negotiate their workers' compensation benefits with the insurance company considering the amount they'll earn in the job they're keeping.
How Much Does Workers' Comp Pay?
The exact amount depends on how much money the person made before sustaining the injury. Moreover, victims should keep in mind that they won't get 100% of their income. Instead, they'll only receive 66.66%.
What Is the Maximum Someone Can Receive?
It varies from state to state. Plus, it also depends on the kind of injuries someone sustains. If a person gets a permanent disability while they're on the job, they might get workers' compensation for years or life.
Will Employers Have to Pay More After a Claim?
Claims will make employers' workers' comp costs increase. Other factors can also influence how much they pay, for example, how many times similar incidents have happened, the severity and reason for the injuries, and their claim history.
Can Employers Legally Fire Someone While They're in Workers' Comp?
In some states, at-will employment is allowed. Therefore, employers can fire their employees at any time for any given reason.
An employer can't fire someone because they got hurt while they were on the job. Similarly, they can't let a person go for getting workers' compensation.
Nonetheless, they could fire them for any other reason while receiving workers' compensation. Fortunately, the person will still get the payments, even if they don't work for them anymore.
Getting Legal Assistance Today
People should find the ideal workers' comp attorney if they're filing a claim. These experts know about tort law (also known as civil law), and they'll represent victims who are going through these issues and others, including nursing home abuse, vehicle accidents, wrongful death, and defective product injuries.
At Schuerger Shunnarah Trial Attorneys, the legal team will guide the person throughout the process and guarantee they have all the information they need to make the best decisions. Contact Schuerger Shunnarah Trial Attorneys for other questions such as, "Whose fault is it if a self driving car hits a pedestrian?"
Lawyers will tell clients about the options they have and explain relevant information to guarantee they can receive the maximum compensation possible.
If the person is terminated after filing a workers' compensation claim, the legal team will also guide them and passionately defend them if necessary. In some cases, a wrongful dismissal suit may be the best course of action, and lawyers will make sure justice is on their clients' side - they will go to war for them!
Any person who needs legal help should contact a knowledgeable and experienced legal team today. Attorneys are ready to help them and guarantee they get the best results on a long-term basis.