Could Your Second Job Affect Your Workers’ Comp Benefits?

Filing Workers Compensation Form

According to the U.S. Census, approximately 13 million Americans work two or more jobs.

A worker might be an employee, or they might be an independent contractor. With multiple jobs and types of income in play for millions of Americans, workers’ compensation can be a particularly complex issue.

When you work two jobs, you might wonder if a second job could affect your worker’s comp case.

Our worker’s compensation attorneys explain workers’ comp and second jobs.


Can Multiple Jobs Impact Workers’ Compensation Benefits?

The short answer is yes; your second job could affect your workers’ comp benefits. If you have a second job, and you’re unable to work both positions, you can get workers’ comp payments based on your income from both jobs.

However, if you have a second job, and you’re still able to work it after your injury, the amount of workers’ comp that you receive is reduced. Your second job could affect your workers’ comp benefits by reducing your lost income payments if you’re still able to work.


Workers’ Compensation and Concurrent Employment

When you have two jobs, the legal term is called having concurrent employment.

Because so many people work two jobs, workers’ compensation and concurrent employment is a common scenario. When you’re injured on the job, you deserve compensation for lost wages. The concept isn’t much different, no matter how many jobs you have.

However, the law takes your second job into account. 

There are two circumstances:

First, your work injury may be so extensive that you’re unable to work either job. Your work ceases completely in this scenario.

Second, you may be able to continue to work the second job even though you can’t work the job where you got hurt. In that scenario, you can still work in some capacity.


Workers’ Comp and Concurrent Employment – Unable to Work Second Job

When you’re injured on the job, you may be unable to continue working at all. You may not be able to work either job.

In that case, your second job impacts the amount that you get paid. Workers’ compensation payments are based on your average earnings in the period of time leading up to the injury or illness. Your second job counts, too.

For the purposes of determining your payment, both your first and second job count. 

At both jobs, either a workers’ comp insurance policy must be in place, or you must have self-insurance for workers’ compensation.

It’s the employer where you got hurt that actually makes the payments through their insurance company.

However, your income at the second job counts as part of the calculation for what you get paid.


Contractor Jobs and Workers’ Compensation

When you work as an independent contractor in the gig economy, you may have to do some research to find out whether you have the right insurance in place that you need to qualify for workers’ compensation.

You may be incorrectly categorized by your employer as an independent contractor when you’re actually an employee. If that’s the case, you may be able to qualify for workers’ compensation.

However, if you’re still able to work your contractor position after being injured at your other job and are no longer working there, it will impact your workers’ compensation payments.

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Workers Comp and Concurrent Employment – Working Second Job

When you’re working two jobs, and you get hurt at work, you may still be able to continue working your second job.

If you’re still working, the amount that you make at the second job changes how much you get paid in workers’ compensation. The amount that you’re making at the second job lowers the amount that you get for workers’ compensation. 

You have to tell the employer where you got hurt about your second job. They need accurate information about what you make.

The amount that you make from your other job lowers what you get paid from workers’ compensation.

However, you still have the right to pursue workers’ compensation, and the payment can be a welcome relief that you deserve when you’re hurt at work.


Could Your Second Job Affect Your Nevada Workers’ Comp Benefits?

Yes, your second job can affect your Nevada workers’ comp benefits. Nevada law NAC 616C.447 says that both jobs count to determine your average monthly wage.

In the State of Nevada, if you get hurt while working one job, income from your second job counts when calculating the payment you deserve under workers’ comp.

To qualify under Nevada law 616C.447, there must either be a workers’ comp insurance policy in place or self-insurance at both jobs.

Your second job can affect your Nevada workers’ comp benefits by increasing or decreasing your payment, depending on whether or not you’re able to continue to work.

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Workers Compensation and Second Job FAQs

How many Americans hold a second job?

According to the U.S. Census, more than 13 million Americans hold two or more jobs.

Workers report having two jobs for income as well as to explore different interests. Workers in large numbers report both having a full-time job and a part-time job or two part-time jobs.


Will my second job affect my workers’ comp case?

Yes, your second job will affect your workers’ comp case.

It might increase the amount you get paid for replacement wages if you’re unable to work either job.

On the other hand, it might decrease the amount you get paid if you can still work the second job.

Either way, you must report your second job for a proper determination of your workers’ comp entitlement.


How do I report a work injury if I have two jobs?

If you have two jobs, you report a work injury by making an immediate report to your employer when you get hurt.

In your report, you must disclose to your employer that you have two jobs. In general, you report a work injury if you have two jobs in the same way, but you must also disclose your second job and the amount of pay that you receive from your second job.


Does workers comp cover multiple jobs?

Yes, workers comp covers multiple jobs. It’s the job where you get hurt that makes the payment.

However, the employer must have workers’ comp insurance, or you must have self-insurance in order to get workers’ comp pay from that job.

If you’re hurt at one job, the payments you receive cover the income that you make from multiple jobs.



Working with an Attorney

Were you injured on the job? Are you unable to work due to an injury or illness? Are you wondering how workers’ comp operates while working two jobs?

Contact our workers’ compensation attorneys today for a review of your case.


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Adam S. Kutner

Adam S. Kutner Personal Injury Lawyer

With more than 30 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.