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How does workman's comp work with two jobs?

Plattsburgh, NY |

I have to jobs. My primary job is within the NYS Retirement System and I have one year of accumulated sick time. I was injured at my second part time job. If I am receiving workman's comp for my injury at my second part time job, will I still be able to draw my sick time at my main full time job?

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Attorney answers 5

Posted

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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Posted

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.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

Posted

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.

EVERY case is different. The answers provided here are general and not related to the specifc facts of your case. I am not your attorney and if necessary you should seek legal counsel. This answer is NOT to be considered legal advice and there is NO attorney client relationship implied from this answer.

George Ellis Corson IV

George Ellis Corson IV

Posted

I agree that Benefits should be calculated based upon BOTH jobs if he is Temporarily Totally Disabled. What intrigues me is whether the Carrier should benefit from his earned Primary Sick Leave, or if he could allege collateral source and suffer a windfall. Ideally, he should collect the full 2 Job benefit rate from WC and NOT use his Primary Sick Leave on his WC injury.

Brian Marc Mittman

Brian Marc Mittman

Posted

George - that is a great point. In New York the focus is loss of wages. So if his combined wages cause a loss he can get up to the maximum weekly benefit. If he returns to one or the other job then the loss is based on the job where he is losing time. If he choses to use sick benefits then there is no 'wage loss' per se and he does likely get abenefit, but ideally shouldnt use it.

Posted

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.

This answer does not constitute legal advice nor does it create any attorney client relationship. It is provided for general purposes only and you should not rely upon it in making any decisions. You should consult with an attorney licensed in your state who is experienced in the area of law involved in your question.

Posted

Dear Madam or Sir in Plattsburgh:

Yes.

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.

Good Luck

Leonard Feld

The foregoing is based on the little information provided; additional facts may change the comments given.

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