Wow. That is an excellent question! I think if you draw your salary from Primary, that would be a collateral source. If the Temp Disability from Secondary job is based only upon those earnings, I don't think that would be a problem. Nevertheless, I am VERY interested to find out what the NY Cerebral Bank thinks the result will be.
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You are dealing with the issue of concurrent employment. Generally, as long as the employer from your part-time job was aware of your full-time job, your Worker’s Compensation benefits should be calculated using the combined income from both jobs. You should hire a local experienced Worker’s Compensation attorney to protect your interests as soon as possible. Good luck.
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In New York if your wage benefit will intially be set based on the part time job. If you miss time from both jobs then the insurance company will be required to pay benefits based on a combination. It gets slightly more confusing when you are working at one and not the other, but you can draw from your other job. You will just not be able to collect compensation for that portion.
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As pointed out already, this is a concurrent employment situation. As long as both of your jobs are covered employments under the NYS Workers' Compensation Law your workers' compensation payment rate should be based on your salaries from both jobs ultimately. Initially your benefits will be based on your earnings only from your part-time employer where the accident occured.You will need to produce evidence of concurrent employment including your W-2/Tax return and a paystub from on/about the date of accident from your concurrent employer, in this case your full-time employer. The judge can then make a finding that concurrent employment applies and determine your average weekly wage from both employments so that your rate will be based on the sum of the two AWW's. If you receive your full salary from your concurrent employer using your sick time, you might not be able to collect any workers' compensation payments. depending on the average weekly wages and payments. Good luck.
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Dear Madam or Sir in Plattsburgh:
You tell the WCB that you have two jobs since they will combine the weekly wages in the two and use that to calculate your WC rate.
The foregoing is based on the little information provided; additional facts may change the comments given.