Workers’ Compensation When A Worker Has Multiple Jobs

Florida law holds that when a worker is injured on the job, they can receive workers’ compensation benefits according to their average weekly wage (AWW). Some workers only have one job, but for those who work more to make ends meet, seeking workers’ compensation can be a slightly more difficult endeavor. The right attorney can help increase your odds of getting what you are owed.

Should I Disclose My Second Job?

The intent of Florida’s workers’ compensation system is to get employees back to work as quickly as possible. However, if a person has a second job (known in the law as ‘concurrent employment’) that they can continue to work despite being injured, this can be problematic in terms of receiving benefits – after all, if a person can work, in theory, they can support themselves without benefits. The truth is obviously more complex than that in many situations, but workers still sometimes get left out in the proverbial cold.

That said, if a person is injured in such a way that they cannot work either job, they may be able to obtain at least partial benefits from both employers – after all, if an employee is paid wages from more than one employer, it is appropriate to factor them both in when calculating the employee’s average weekly wage. As long as both jobs are with covered employers (that is, employers who are subject to state workers’ compensation law), the injured worker can receive benefits from both.

Must Be ‘Legitimate’ Disclosed Employment

In general, an injured worker’s concurrent employment will be factored into their AWW as long as (1) the second employer carries workers’ compensation coverage; and (2) the employment is ‘legitimate.’ By the very nature of ‘under-the-table’ jobs, a person cannot get benefits if injured at work because they are not supposed to be employed in the first place. One exception to this is undocumented immigrants, who, as of this writing, have access to workers’ compensation benefits if certain equitable criteria apply.

If a person’s second job fits the above criteria, it is always better to report it to your primary employer than to try and conceal it. Some try to deny that they have a second job in order to still be able to make money, but in the end this can lead to reduction or outright revocation of workers’ compensation benefits, rather than any kind of windfall.

Contact An Orlando Workers’ Compensation Attorney

It is an unfortunate fact of life that many people in the U.S. must work two jobs to make ends meet – but too often, mistakes or confusion lead to them only receiving half of their benefits if they are injured. An Orlando workers’ compensation attorney from the Hornsby Law Group can help answer your questions about concurrent employment and other issues in workers’ compensation. Contact our office today to schedule a consultation.

Source:

flsenate.gov/laws/statutes/2024/440.14