Insight from work injury lawyer Adam Baron — helping hurt workers across South Florida.
Many people in South Florida work two jobs to support their families. You might work construction during the day and drive for a delivery company at night. Or work in hospitality on weekends while holding a full-time weekday job.
But what happens if you get hurt at one job? Will your wages from both jobs count when your workers’ compensation benefits are calculated?
This situation is called concurrent employment, and it can have a big impact on how much you receive in benefits.
Can You Collect Workers’ Comp If You Can Still Work Your Second Job?
Florida’s workers’ compensation system is designed to help injured workers recover and return to work as soon as possible. Because of that, insurance companies look closely at whether you are truly unable to work.
If you are injured at Job #1 but are still physically able to perform your duties at Job #2, the insurance company may argue that you are not totally disabled. In some cases, this can reduce or even stop your wage benefits.
For example, if you hurt your back doing heavy lifting at a warehouse but can still sit and work a desk job in the evenings, the insurance company may say you are still capable of earning income.
However, every case is different. Your work restrictions from your authorized doctor are extremely important. Before making any decisions about continuing a second job, it is smart to speak with a Florida workers’ compensation attorney.
What If Your Injury Prevents You From Working Both Jobs?
In many cases, a serious injury will affect both jobs – especially if they involve similar physical work.
If your injury prevents you from working at both employers, your wage loss benefits may include income from both jobs. This can make a significant difference in the amount of your weekly check.
Workers’ compensation wage benefits in Florida are based on your Average Weekly Wage (AWW). The higher your average weekly wage, the higher your potential benefit (up to the state maximum).
How is the Average Weekly Wage Calculated?
Under Florida law (Section 440.14), your average weekly wage is generally based on the 13 weeks of earnings before your accident.
When you have concurrent employment, wages from both jobs may be combined – but only if certain legal requirements are met.
One key issue is whether your second employer was required to carry workers’ compensation insurance under Florida law. If the second employer was legally required to have coverage, those wages are typically included in the calculation. If not, the insurance company may try to exclude that income.
Insurance companies do not automatically include second-job wages. You may need to provide pay stubs, tax records, or other proof of income. If wages are calculated incorrectly, your weekly checks could be lower than they should be.
Why This Matters
If you are out of work from two jobs but are only being paid based on one paycheck, you could lose hundreds of dollars per week. Over time, that adds up.
At the same time, continuing to work a second job against medical advice can seriously hurt your claim.
Concurrent employment cases can be complicated, and mistakes can be costly if you do not have an attorney to help guide you through the process.
Protecting Your Rights
If you were injured at one job but held a second job at the time of your accident, do not assume the insurance company is calculating your benefits correctly.
At Adam Baron Law, we help injured workers throughout Coral Springs and all of South Florida understand their rights and make sure their average weekly wage is properly calculated.
When you work two jobs, your benefits should reflect your real income – not just part of it. If you have questions about concurrent employment and workers’ compensation, we are here to help.
Contact us today for a free consultation about your work-related injury. We’ll review your situation, explain your rights, and start working immediately to protect your interests and secure the compensation you deserve. Call 947-247-HURT today.