I Have a Second Job I Can’t Work Because of a Work Injury From My First Job. What do I do?

Jun 20, 2023 | WC & Other Laws

I Have a Second Job I Can’t Work Because of a Work Injury From My First Job. What do I do? – What happens if you have two jobs and you’re injured in one of them? You have restrictions and you’re getting medical care, but the other job can’t accommodate your restrictions. You call the adjuster because now you’re losing wages, and the adjuster says they don’t cover the other job’s wage loss because you were injured in the first job, and the law doesn’t require them to pay lost wages from the second job.

Can I get lost wages from both jobs?

Yes, you should. Unfortunately, it’s not that easy because many adjusters either don’t get it or they’re just going to sit on the case and they won’t give you wages from your second job.

If that happens you will need an attorney because it’s not automatic and not required, but once we get in front of a judge, 9 out of 10 times we can get the lost wages from your second job included and compensated from the insurance company.

Can the insurance company use the wages from my second job to reduce the lost wages from my first job?

No, they can’t. If you’re off work from your first job, where you got injured, but you’re still working at your second job because it’s lighter and more accessible, the insurance company might try to reduce your lost wages.

For example, if you’re getting $900 a week from your first job, your lost wages would be 2/3 of that, $600. However, the insurance company might say that since you’re still working at your second job, where you make $200 a week, they will deduct the $200 from your second job, from the $900 from your first job. So, they will only pay you 2/3 of $700, meaning $466.66, and they can’t do that.

If I have impairment will both jobs be considered?

If you don’t have any wage loss from either job, are placed at MMI, and you’re given an impairment rating, the insurance adjuster will try to calculate the value of that impairment rating based on your average weekly wage from just your first job, trying not to include your second job’s wage.

Having both jobs included in your average weekly wage makes a significant difference in your benefit, mainly if your second job is your main job where you make most of your money so you will want the wages from both jobs included in the formula. Still, you will probably need an attorney because the law doesn’t require the insurance company to do it.