It is not uncommon when injured and disabled on one job to lose income from a second job, part time job or side business. Second jobs and side businesses are called “concurrent employment.” Whether you are entitled to receive benefits for lost wages or income from concurrent employment depends on whether the employment was similar to the work you performed when you were injured.
If your concurrent employment is similar to the work you performed when injured, the income you received from the concurrent employment during the thirteen weeks before your work accident is included in the calculation of your disability benefit. If the concurrent employment is different than the work you were doing when injured, income you received from the concurrent employment is not included in the calculation of your benefit amount.
For example, if you were injured while working for a landscaping company making $300 per week and became disabled, your benefit amount would be $200.00. If you had performed additional landscaping on the side earning $150.00 per week, the average weekly wage would be $450.00 and your benefit would be $300.00.
Questions
Q1. I work in a warehouse which requires a lot of lifting. In the evening I work for a different employer as a telemarketer. I was injured in the warehouse and cannot do the lifting, but I can still do the telemarketing job because it is a sit down job. Am I permitted to continue working at the night job even though I am getting total disability benefits?
Yes. Since your night job is not similar to the work you performed in the warehouse it is not similar employment. As a result, your income from the telemarketing job is not included in the calculation of your benefits. You are therefore permitted to continue working as a telemarketer without affecting your disability benefits.
On the other hand, if you worked at another warehouse doing lighter, but similar work to your main warehouse job, the lost income from the second warehouse job would be included in calculating your benefit. If you return to work at the lighter, second warehouse job, the income you earn will offset the disability benefits from your main job.
Q2. What if I am already disabled from the warehouse job and on disability benefits when I first start working at the telemarketing job. Will the second job affect my benefits?
Yes. If you were not doing the telemarketing job before you were injured, it is not considered “concurrent employment.” As a result, going to work for the telemarketing firm will either reduce or eliminate the disability benefits from your workers' comp claim.
Q3. I am disabled and receive workers' comp benefits from my main job. My side business, which is different from my main job and much lighter, has now grown since I have put more time into it. Will this affect my weekly benefit check?
No. If your side business suffered because of your injury and you lost money from the business as a result, you would not be entitled to an increase in your workers' comp benefit. Similarly, if you increase your income from the side business, as long as you remain within your restrictions, your weekly benefit payment should not be affected.
