Two Jobs, One Injury: How Does Workmans' Comp Work When You Have 2 Jobs?
Understanding the difficulties of workers' compensation can be overwhelming, especially for employees with more than one job.
It is crucial to have a good understanding of workers' compensation benefits, especially for those with concurrent employment, estimated to be around 5% of the population in Tennessee.
This article delves into the complexities of how workmans' comp works when a person has two jobs, exploring the potential implications on benefits and potential pitfalls, such as workers' compensation fraud.
With a comprehensive understanding of workers' comp claims and the role of insurance companies, the reader will be well-equipped to protect their rights, whether working a primary job or an extra income with a second job. Schuerger Shunnarah Trial Attorneys can also answer questions like, "Is carpal tunnel a work related injury?"
What Is Workers' Compensation?
Workers' compensation, a legally mandated insurance, is a financial safety net for workers who suffer job-related injuries or illnesses.
Employers bear the full cost of this insurance, which provides employees with compensation benefits for medical treatment expenses and reimbursement for lost wages. They are required by law to provide workers' compensation insurance to ensure coverage for employees in case of work-related injuries.
Whether it's an on-the-job accident or an ailment caused by exposure to harmful substances in the workplace, this insurance can support injured workers.
Also, workers' compensation extends to those having two jobs, a practice known as concurrent employment, ensuring protection across multiple workplaces. Essentially, workers' compensation is a crucial safeguard for the well-being of Nashville, Tennessee's workforce.
Understanding Workers' Compensation with Concurrent Employment
In situations where an injury or illness affects a worker's ability to perform tasks at their primary job, it's natural to wonder if maintaining a second job is possible.
Interestingly, workers' compensation does not necessarily disqualify those engaged in concurrent employment from retaining their second job.
An employee might sustain an injury at a physically demanding primary job but still maintain the capacity to perform tasks at a less strenuous part-time job.
As long as they adhere to medical advice, they can continue their secondary role while collecting workers' compensation benefits.
Potential Challenges for Workers with Concurrent Employment
However, it's crucial to remember that all income sources must be disclosed when filing a workers' compensation claim.
Once the treating physician confirms the worker's ability to continue one or multiple positions, the insurance company calculates the workers' compensation benefits.
Any continuing income is factored into this calculation, subsequently reducing the workers' comp benefits to be received.
Receiving Workers' Compensation Benefits for Multiple Jobs
A question that often arises is, "Can an employee receive workers' compensation benefits for two jobs?" The answer is yes, but only if the worker was working at both jobs during the time of the injury.
Moreover, the workers' compensation benefits could cover the lost wages at the second job, either completely or partially, depending on the person's capacity to continue working.
Nevertheless, there are specific requirements to qualify for receiving workers' compensation benefits for the loss of two income sources.
Employees must report their secondary income during workplace injury when filing the workers' comp claim. Failing to do so could jeopardize the claim or even be seen as an attempt at workers' compensation fraud.
The Impact of a Second Job on Workers' Compensation Benefits
In Nashville, Tennessee, workers' compensation benefits are based on the employee's "average weekly wage" at the time of the injury. This figure should accurately represent the worker's earnings right before the injury occurred, rendering them totally or partially unable to work.
If workers' compensation insurance covers a worker at two jobs, their earnings from both jobs are combined to calculate the average weekly wage correctly. Also, this calculation is not affected by how similar or different the two jobs are.
A fully disabled worker should receive 66.67% of the average weekly wage at the time of their injury, up to the maximum amount permitted by law. Furthermore, this average wage figure directly impacts the amount they will receive in workers' comp benefits.
The Potential Complications of a Second Job amid Workers' Compensation Claims
Starting a second job while receiving workers' compensation insurance benefits might seem practical, but it carries a fair share of risks and complexities.
Having a second job might suggest that a person is physically able to work, which goes against the idea of receiving workers' compensation benefits. If the original injury gets aggravated due to the added workload, it could result in a denial or significant reduction of benefits.
Insurer's Response and Potential Consequences
The insurer might adjust the workers' comp benefits in accordance with the income from the second job, potentially triggering an investigation into any suspected fraudulent activities. However, it might be possible if the second job poses less physical strain and falls within the injured worker's current capabilities.
Regardless, consulting a workers' compensation attorney is crucial to understand the implications fully. These legal professionals can provide insight into potential risk factors and state-based guidelines, ensuring the appropriate and lawful pursuit of benefits.
The Essential Role of a Workers' Compensation Attorney
Dealing with the complexities of a workers' compensation claim, especially after an unfortunate workplace accident, can be daunting. This is where workers comp lawyers in Nashville becomes an invaluable ally.
Furthermore, these legal professionals, specializing in personal injury law, are equipped with the knowledge and experience to represent individuals affected by workplace injuries or illnesses.
Guiding Through the Claims Process
At Schuerger Shunnarah Trial Attorneys, the dedicated team guides injured workers through the claims process, ensuring that all relevant information is included to secure maximum compensation.
The legal team advocates for the workers' right to appropriate medical treatment and protects them from intrusive queries about their medical history.
Securing Rights and Offering Free Consultation
Moreover, the law firm can fight for claim approval and to safeguard the workers' rights, especially in cases where termination follows the filing of a workers' comp claim.
Additionally, Schuerger Shunnarah Trial Attorneys offer the benefit of a free consultation. With this service, people can get important legal advice for their cases without paying for it. This consultation also ensures a comfortable rapport with the attorney, promoting confidence in pursuing a legal claim. They can also advise on the typical settlement for rotator cuff injury at work.
The Bottom Line
Dealing with the labyrinth of workers' comp work can be complex, especially when additional employment is involved. Ensuring employers carry workers' compensation insurance and correctly calculating the average weekly wage is essential.
Therefore, the role of workers' compensation lawyers is invaluable in this scenario, mitigating any adverse effects a job may have on an employee's claim and securing the benefits they rightfully deserve.
Contact Schuerger Shunnarah for a free consultation to win the battle and receive workers' comp benefits.