Posted on behalf of Henness & Haight on Sep 29, 2017 in Workers' Compensation News
It is not uncommon for Nevada residents to work a second job in today’s economy. However, sustaining an injury at one job while working a second could have an impact on your workers’ compensation benefits.
At Henness & Haight, our Las Vegas workers’ compensation attorneys can help you determine the compensation you should receive from your workers’ compensation claim based on your injury and work situation. We will work to protect your best interests and help secure the benefits you deserve. Contact us today for a free, no obligation compensation to determine how we can help with your claim.
In Nevada, a person who works two or more jobs is considered to hold concurrent employment. According to NAC 616C.460, individuals who are working two jobs while they are injured at one are entitled to workers’ compensation benefits for the total income the worker earns from both jobs.
This means that if a work-related injury from one job affects your ability to perform your duties at a second job, you are entitled to partial lost wages from both jobs. If your injury prevents you from working either job, you may qualify for temporary total disability (TTD) benefits.
However, if you are still able to work at your second job, the total amount of your benefits may be reduced because of the income you receive from that job.
To ensure you receive compensation for both jobs, you must inform the insurance adjuster about your earnings from both jobs. Additionally, if you are able to continue working at one job and do not tell the insurance company about that job, it could be considered fraud.
Although concurrent employees are entitled to partial lost wages from income from all jobs they hold, the responsibility to pay these benefits is left to the employer of the job where you were injured.
This means your other employers do not have to pay workers’ compensation benefits for an injury sustained at another job.
Furthermore, your second employer does not have to view your injury as a work-related injury and can treat it as though it was acquired at home or outside of work.
This means your second employer has no legal obligation to accommodate your injury or hold your position if you are unable to work. In contrast, workers who file workers’ compensation claims with the employer where their injury occurred are protected from retaliation from their employer, which can include firing or demoting the person.
For concurrent employees, your second employer can choose to allow you to perform limited duties of your original position, transfer you to a new position during the course of your recovery or fire you if you are no longer able to perform the requirements of the job.
If you are filing a workers’ compensation claim and hold more than one job, the most effective way to receive compensation is to remain honest about your employment.
However, if your employer’s insurer makes an error or denies your claim, do not hesitate to contact Henness & Haight to consult with a skilled workers’ compensation attorney. We have the experience and knowledge needed to help you get the benefits you deserve.
We will provide you with a free, no obligation consultation to review your claim and determine if you can appeal the insurer’s decision. Our attorneys work only on a contingency fee basis, which means we only get paid if we recover compensation for your claim.