Just like employees across the U.S., many of Florida’s employees work concurrent jobs. They have to work two jobs to support their families and pay all of their bills. When an injury occurs on the job, the ability to perform both jobs is often reduced, and there are plenty of cases when an employee loses a substantial amount of time from work at both places of employment. How will they be able to pay their bills? How can they feed their family?
When a workers’ compensation claim is filed, how does the fact that an employee works two jobs affect the payments the employee will receive?
According to Chapter 440 of Florida state statutes, the payment is calculated based on a formula of income accrued in the thirteen weeks prior to the accident. This means that all of the income the employee received from both employers is counted toward the workers’ compensation payments. Essentially, the past thirteen weeks of income from both places will be added together and then divided by thirteen to calculate the weekly payment the employee should receive.
The employee would have had to work at least 75 percent of the previous thirteen weeks at both places for this calculation to work correctly. Calculating the average weekly wage in workers’ compensation cases is crucial. In most cases, the determination will affect how the employee can handle their bills while they are recuperating from the injuries.
Before figuring out calculations, it must first be determined whether the second job was “covered employment.” This means that the second place of employment must fit under all of the categorizations of workers’ compensation covered employment. Examples of employment, which may not be covered, include:
- Hobby businesses;
- Employers with less than three employees; and
- Sole proprietorship or independent contractor.
For example, if an employee files a workers’ compensation case at
his first place of employment and his second place of employment is his
freelance digital marketing company that he does from home, he could not
claim that he was a concurrent worker. The income that he makes from his
freelance business will not be included in the calculation and determination
of his weekly workers’ compensation payments, regardless of whether
he lost that income or not.
If you are a concurrent worker fighting for the workers’ compensation benefits you deserve in Tampa Bay,contact an experienced Tampa Bay workers’ compensation attorney for a free consultation today. Call our firm today for help.