Could Your Second Job Affect Your Workers’ Comp Benefits?

Woman Working 2nd Job

Many Americans rely on concurrent employment to generate multiple income streams. Concurrent employment means having more than one job. Some people take part-time second jobs to secure health benefits or earn enough to pay their bills. Others may work as an employee and take freelance work as a side gig to supplement their primary income.

Concurrent employment doesn’t nullify your employment rights. Understanding how a workers’ compensation claim affects your ability to work at your primary and secondary jobs is crucial because you can take steps to protect those rights and receive all the benefits you deserve. Let’s explore how second jobs affect workers’ compensation claims and benefits.

What is workers’ compensation?

Workers’ compensation is mandated insurance that provides injured workers with financial compensation for lost wages and medical costs if they’re hurt on the job. Workers’ compensation also pays benefits to employees who become ill. For example, you may qualify for workers’ compensation if you’re diagnosed with cancer and establish exposure to cancer-causing chemicals at your workplace.

Who is eligible for workers’ compensation benefits?

All employers in Nevada are legally required to pay for workers’ compensation insurance. An employer must comply with the law, ensuring all workers have appropriate coverage. Seasonal workers and part- and full-time employees qualify for workers’ compensation. Workers’ compensation does not normally pay benefits to contractors. 

Should you file for workers’ compensation?

Workers’ compensation is a safety net to protect you from financial issues from workplace injury or illness. Your medical issues may prevent you from generating revenue for weeks, months, or years. Workers’ compensation covers the majority of your current income through benefit payments.

Your benefits may also cover out-of-pocket medical expenses, enabling you to receive appropriate medical treatment. Qualifying employees should file for workers’ compensation benefits to retain an income stream while receiving treatment.

What steps must you take when filing for workers’ compensation if you have two jobs?

You should take these steps when you suffer a workplace injury or illness:

  • Report the medical issue to your employer
  • Immediately inform your employer of your second job
  • Disclose your income from the second job
  • Document evidence by taking photos or video
  • Collect witnesses’ contact information
  • Seek medical treatment

Remember, the employer whose insurance pays the benefits is your employer where the medical emergency occurred. Consequently, if you’re injured at your part-time job, your part-time job is responsible for the claim. 

Could your second job affect your workers’ compensation benefits?

How does workers’ comp work when you have two jobs? It depends on whether you can still perform one of your jobs.

What happens when you can’t work any job due to your medical condition?

You may suffer a workplace injury or illness that prevents you from working any job. In that case, you qualify to receive workers’ compensation for all income streams from full-time, part-time, and seasonal positions. As long as you’re classified as an employee, you qualify to claim benefits for all your positions. 

All your employers must pay for workers’ compensation insurance for you to receive compensation for all jobs. If an employer doesn’t provide workers’ compensation insurance, you must be self-insured to qualify. 

Can you get workers’ comp and work another job?

It’s possible that your illness or injury only prevents you from working one job. Suppose you’re injured while performing physical labor at your primary job, but have a part-time job doing bookkeeping on the weekends. For example, you won’t be able to wire houses with a broken arm or leg. Still, you may be able to continue with your part-time position. 

Provided you comply with medical advice, you can continue working as an employee or contractor at other positions while receiving workers’ compensation benefits. You’re required to disclose all income sources when filing your workers’ compensation claim. Once your doctor determines whether you can continue working one or more positions, the insurance company calculates your workers’ compensation benefits. The amount you continue to earn is deducted from your benefits, reducing the amount of benefit payments you receive.

Are contractors ever eligible for workers’ compensation?

You may have self-insurance to ensure you qualify to receive workers’ compensation for your contracting work. You may also be eligible to receive workers’ compensation if your employer incorrectly categorized you as an employee. 

What if you have multiple jobs?

Your number of jobs doesn’t affect your ability to file a claim, even if you have two, three, or four jobs. The employer’s insurance policy pays the workers’ compensation claim where the injury or illness occurred. That claim must compensate you for income from all employment positions, provided your employers have benefits.

How much does workers’ compensation pay?

Workers’ compensation does not cover 100% of your lost income. It covers 66.667% of your income. 

When filing your claim, you must report all income from positions you can’t work. The benefits you receive are a percentage of your average monthly income for all insured positions. Your total income from all affected jobs is calculated, and you receive benefit payments equaling 66.667% of that amount. 

What’s the maximum time you can receive workers’ compensation benefits?

The maximum number of weeks you can receive workers’ compensation benefits varies from state to state. You may qualify for workers’ compensation short-term disability benefits for up to seven years, while other states limit these payments. In Nevada, workers can receive temporary total disability (TTD) for 104 weeks. These limits may not apply if you sustain a permanent disability. 

Will your employer’s workers’ compensation insurance costs go up after a claim?

An employer’s workers’ compensation costs may increase after any claim. The employer’s claim history, including the frequency and severity of injuries, may determine how much their insurance costs increase.

Could you legally be let go if you’re on workers’ compensation?

Several states have at-will employment, including Pennsylvania, North Carolina, Texas, and Nevada. At-will states allow employers to terminate employees for any legal reason at any time. However, employers cannot terminate employment because of an injury or workers’ compensation claim. 

Your employer can terminate your employment for other reasons, even if you’re receiving benefits. Fortunately, termination doesn’t affect your benefits. You’ll continue to receive workers’ compensation, even if you lose your job while receiving benefits.

Should you seek legal advice after a workplace accident or injury?

Consult a workers’ compensation attorney when you file your claim. Your workers’ compensation attorney will fight to ensure you receive the maximum coverage and protect your legal rights during the claims process. 

What is a workers’ compensation attorney?

Workers’ compensation attorneys are personal injury lawyers. These lawyers specialize in tort law. They represent victims affected by issues such as wrongful death, defective product injuries, motor vehicle accidents, and nursing home abuse. Workers’ compensation attorneys also have the knowledge to represent ill and injured workers.

What does a workers’ compensation attorney do?

Your legal team guides you through the claims process. They ensure you include relevant information to receive the maximum compensation possible. 

Your workers’ compensation attorney also fights to ensure you receive all appropriate medical care for your illness or injury. Your attorney protects you against invasive questions about your medical history and fights to ensure you receive approval for your claim. 

Your legal team can advise you of your rights if you’re terminated after filing a workers’ compensation claim. Your lawyer can investigate and, with enough evidence, may be able to pursue a wrongful dismissal suit against your former employer.

How much will you pay to hire a workers’ compensation attorney?

Workers Compensation Attorney

You can request a free consultation from reputable personal injury attorneys. A free consultation ensures you receive legal insight into your case without assuming any financial risks. Your free consultation also ensures that you are comfortable with the attorney you hire and confident you have grounds to pursue a legal claim.

Many injury attorneys, including workers’ compensation lawyers, charge a contingency fee. You won’t pay anything for your lawyer’s services until they resolve your case. Contingency fees are percentages of the amounts received from claims. You won’t pay any additional legal fees, and you won’t pay anything until your case is resolved.

 

Legal Disclaimer

This webpage is not intended to be an advertisement or solicitation. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Material contained in our website is for general information only and does not constitute legal advice or solicitation of legal services.

Transmission of information from this site is not intended to create, and its receipt does not constitute, an attorney-client relationship between Adam S. Kutner and the user of this site. In the event that any information on this web site does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.

Legal Disclaimer

This webpage is not intended to be an advertisement or solicitation. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Material contained in our website is for general information only and does not constitute legal advice or solicitation of legal services.

Transmission of information from this site is not intended to create, and its receipt does not constitute, an attorney-client relationship between Adam S. Kutner and the user of this site. In the event that any information on this web site does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.

Adam S. Kutner

Adam S. Kutner Personal Injury Lawyer

With more than 31 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.