Many individuals are working two jobs to make ends meet. Because of this situation, the question of how to handle two jobs when you are hurt at one job is coming up more often in Florida workers’ comp cases. Our West Palm Beach workers’ comp attorneys have experience handling claims involving concurrent employment.
What is Concurrent Employment?
Concurrent employment is when a worker holds two jobs at the same time. In many cases, the worker may have two part-time jobs or a full-time and a part-time job. Depending on what a company views as “full-time,” the worker may have two full-time jobs.
When a worker is hurt on the job, and the injury prevents him from working, that injury usually prevents him from working both jobs as the jobs are usually in the same industry or similar in nature. It is rare that a construction worker will have a desk job on the weekends. Therefore, the injury usually puts the worker out of both jobs while he is receiving treatment and recuperating.
One of the main problems that arise with concurrent employment is calculating the correct average weekly wage. The average weekly wage determines the amount of compensation the worker receives while he is out of work on a work-related injury. Therefore, it is extremely important to calculate the average weekly wage correctly to ensure the injured employee receives the maximum lost wage benefit available by law.
In most cases, the average weekly wage is calculated based on the wages earned in the 13 weeks before the accident. When the injured employee has a second job, calculating average weekly wage becomes more complex.
Is the Concurrent Employment Considered Covered Employment?
The first question is to determine if concurrent employment is considered “covered employment.” The second job will be considered covered employment if the employer is required to provide workers’ compensation insurance under Florida’s workers’ comp laws. If this is the case, the average weekly wage will include the income from the second job.
However, if the employer is not required to provide workers’ comp insurance, the income from the second job is not included in the calculation of the average weekly wage. Unfortunately, the employee will receive less lost wages benefit under this scenario than if the income from the second job could be counted as part of the average weekly wage. The only benefit of not counting the income from the second job as covered wages is that the post-injury wages from the second job cannot be used to offset temporary partial disability benefits.
Call A West Palm Beach Workers’ Comp Attorney for Help
If you were working two jobs at the time of your workplace injury, call our office to consult with a West Palm Beach workers’ comp attorney before agreeing to any amount of average weekly wages. You may be entitled to additional benefits if your second job is considered covered employment. We offer free consultations, so it does not cost you anything to make sure you are being treated fairly by your employer and its insurance company.
Contact The Broderick Law Firm, P.L. by telephone at 1-800-333-3903 to speak with an attorney. We represent individuals in West Palm Beach, Boca Raton, Fort Lauderdale & Miami, FL.