Injured While Working for Two Employers?

 

 What happens when you are injured working for one employer, and you have two jobs and two different employers?  This is called concurrent employment in the Nevada regulations    If you are like most injured workers and you never talk to your claim's adjuster,  you might not know how important your second employment is to your claim.  

If your injury disables you temporarily from working both jobs, you might be entitled to temporary total disability benefits (TTD).  Those benefits are 66 2/3 of your average monthly wage.  Unless you ask the adjuster to add in the wages you earned at you second job, the adjuster will only use wages you earned at your first job  when she calculates your benefits when you are taken off work by your doctor.

Even though you weren't injured while working for your second employer, a Nevada regulation allows you to have the wages from your second job combined  with the wages from your first job as a base from which to calculate all benefits.  This may greatly increase your TTD benefits. It may also significantly increase your permanent partial disability (PPD) award at the end of your case. 

Things can get a bit more confusing when an injured worker is able to do light duty work for one employer, but not the other one.   Additionally, the second employer is entitled to regard your work injury as not being a job injury as far they are concerned. The second employer, for example, may offer light duty  to employees hurt on that job, but may not give light duty work to employees who are injured  while working on a different job for a different employer.  In that case, the injured worker will want to check that the net wages received from the employer are at least equal to the employee's compensation benefits the employee would receive if the employee were taken off work completely.

 

--Written by Virginia Hunt, Hunt Law Office

How Concurrent Wages Affect Benefits

If an injured worker is holding two jobs at the same time he or she has a work accident  (or files a claim for an occupational disease), that worker is said to have concurrent employment.   Concurrent employment is not the same as consecutive employment.  Consecutive employment occurs when a worker has a job with one employer, terminates that employment, and then has a job with a second employer.  There are special rules that entitle an injured worker to increased benefits where the injured worker has a concurrent employment at the time of his industrial accident or occupational disease claim.

Even though the worker is injured on one job only, the worker is entitled to give information to his adjuster showing the amount of wages earned  with the second, concurrent employer  in the 12 weeks or full period of employment before the job accident.  Those concurrent wages can then be combined with the wages earned from the first employer when the adjuster calculates the injured worker's average monthly wage before paying compensation benefits.   Including those additional wages from the second employer can often bump up the average monthly wage to the maximum allowable benefit, and this can also greatly increase the amount of the permanent partial disability award.

If an injured worker can return to only one of his jobs as a result of the work injury, he may be entitled to the difference between what he earns after taxes on the one job and what his compensation benefit would be if he were unable to work at all.  In that case, the injured worker should send in a copy of the wage stubs and ask his worker's compensation adjuster to pay the difference.

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