Will My Wages from a Second Job Be Considered When Calculating Workers’ Compensation?
Many workers in Florida have two jobs to make ends meet. Generally, a serious injury can put the worker out of both jobs. But will your wages from a second job be considered when calculating workers’ compensation benefits?
Your workers’ compensation could be denied if you can work a second job
Under Florida’s Workers’ Compensation Act, the main goal of compensating employees for their on-the-job injuries is to get them back to work as soon as possible.
Therefore, in many cases, collecting benefits while being capable of working a second job would defeat the purpose of workers’ compensation. In fact, the employer’s insurance company may deny workers’ compensation if you are capable of performing the job duties at a second job.
However, it is important to discuss your unique case with a knowledgeable workers’ compensation attorney in Florida to determine whether you can work a second job while receiving compensation.
Are you entitled to workers’ compensation benefits for your second job?
Holding two jobs at the same time is known as “concurrent employment.” Usually, when someone suffers a work-related injury, the injury will prevent them from working both jobs, especially if the worker’s job duties are similar in nature.
If your work-related injury from one job prevents you from performing the duties at a second job, you may be able to collect partial lost wages from both jobs.
In most cases, a worker is unable to work both jobs while recovering from their injury and receiving treatment. However, there may be exceptions.
How to calculate workers’ compensation benefits if your injury puts you out of both jobs
One of the biggest challenges would be to calculate workers’ compensation benefits when you are not capable of performing the duties at both jobs. In particular, if you are entitled to partial lost wages from both jobs, you will need to calculate the average weekly wage.
Under workers’ compensation law, the appropriate amount of compensation you can receive while recovering from your injury is based on the average weekly wage. For this reason, it is critical to calculate your average weekly wage accurately in order to maximize your workers’ compensation paychecks.
However, whether your second job can be included in the calculation of your average weekly wage depends on whether your second employer is required by Florida law to purchase workers’ compensation insurance. If your employer does not meet the legal requirements to have workers’ comp insurance, your wages from the second job may not be considered when calculating your compensation benefits.
Under Section 440.14, Florida Statutes, the worker’s average weekly wage can be calculated based on his or her wages earned in the 13 weeks preceding the workplace accident that resulted in the injury.
Determining the average weekly wage can be a daunting task if you have a second job. Contact a Tampa workers’ compensation attorney at Kobal Law to help you calculate your workers’ compensation benefits if you held two jobs before the injury. Call 813-873-2440 to schedule a free, no-obligation consultation with our knowledgeable attorney.