Do Worker's Compensation Benefits Cover My Second Job?
To make ends meet in today's society, many people take on a second job. Typically, these jobs are small, hobby-like jobs that an individual works at on nights and weekends.
Sometimes, second jobs are integral to an individual's finances and budget. If a person is injured on one job, the question often arises; will he or she receive compensation for lost wages from their second job?
The answer will depend on whether the individual's second job is counted toward the "average weekly wage" in a Florida worker's compensation case. The average weekly wage describes the amount of money an individual earns each week and is used to calculate worker's compensation benefits.
In Florida, when an individual works two or more jobs in the thirteen (13) weeks leading up to a work accident, then the income earned at all the jobs may be included in the average weekly wage calculation.
An individuals' second job may be calculated if he or she works "substantially the whole of 13 weeks" before the accident. In this instance, the individual's total earnings, meaning all of the income he or she earned during the thirteen weeks of employment, will be calculated into the average weekly wage.
Whether the second job's income will be included in the total will depend on whether the second job is considered covered concurrent employment. Employment may be "covered" if it is concurrent and similar in nature to such employment that the individual was engaging in when he or she was injured.
The Florida Supreme Court noted in Parrott v. City of Fort Lauderdale, 190 So.2d 326 (Fla. 1966), that earnings from concurrent but dissimilar employment could not be combined with the earnings from the injury producing employment for the purposes of computing the average weekly wage.
Thus, if an individual held one job as a contractor, and was injured on that job, the income from his or her second job as a dog breeder, for example, would not be included in the average weekly wage.
Correctly determining whether an injured worker's second job may be included in determining the average weekly wage is imperative because the average weekly income is used to determine the amount of worker's compensation benefits that an individual is entitled to receive.
Finding an Attorney for Worker's Compensation in Miami-Dade County, FL
If you were injured on the job, you may be able to collect workers' compensation benefits from your employer or their insurance carrier. Fault is not an issue in a Florida worker's compensation claim. If you or someone you know has been injured from a workplace accident such as a fatal fall, loss of limb, or burn injuries, then contact an attorney at The Hoffman Firm.
Our office takes cases in Miami, the City of Aventura, and throughout South Florida.
Call (305) 940-2307 or submit our online evaluation form to set up a no obligations consultation with Evan A. Hoffman.
This article was last updated on Monday, July 10, 2017.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More