It’s a well known fact that living in New York is not cheap. Rent on a 900 sq ft two bedroom apartment averages around $3800 a month and the prices for everyday products are typically more than twice the national average. So it’s not surprising that many New Yorkers have more than one job in order to make ends meet. But what happens if a worker is injured at one job and as a result is unable to work at all?
Technically, concurrent employment occurs two ways:
- An employee works for a single organization but in multiple roles.
- An employee has two separate jobs with separate companies.
It’s rare to find someone who actually enjoys spending all of their time working, so typically most employees with concurrent jobs do so because they rely on the income provided by those positions. If an injury means that the worker can’t obtain that income, financial devastation becomes a legitimate concern because while a workers’ compensation claim may cover a fraction of the wages lost, a second job does make things more complicated.
New York Law
Thankfully, New York law does allow for workers’ comp payments based on the total amount earned in a week based on a weekly average if it can be shown that:
- The injured employee was working both jobs at the time the injury occurred.
- Both jobs are covered by workers’ compensation insurance.
In cases where an employee only works one job, there is usually no need to go before a judge. However, if a claim is made for concurrent salaries, the claim must be reviewed by a judge who will need to see proof. This generally includes:
- Pay stubs from both jobs.
- A letter from each employer regarding the employee’s position at their company.
- Tax forms to show that you have been paying taxes on all earned income from each job.
While it isn’t necessary to consult an attorney, working with an experienced and knowledgeable attorney will certainly help your case.
How Much Is My Claim Worth?
Workers’ compensation insurance covers two things – all medical expenses that are associated with the illness or injury that the worker sustained in relation to their job and a fraction of wages lost while they are recovering. The amount your claim is worth depends on how much you make and is based off of your weekly salary.
What Happens If I Can’t Return To Work?
In the injury you sustained is severe enough that you can no longer work, a Social Security Disability claim may be the best way to get the help you need.
Many of our clients are surprised when we mention Social Security but the fact of the matter is that it’s not just for retirees. The program was designed to provide financial assistance to the elderly and disabled. But it’s not a simply process and if a denial has been issued, appeals can take more than a year to be reviewed due to an extreme backlog.
How Do I Know If I’m Eligible?
When reviewing a claim, the Social Security Administration takes the following information into account:
- Did the applicant work jobs that are covered by Social Security?
- Is the applicant currently working? If so, have they made more than $1,130 a month?
- Is their medical condition considered severe?
- Does the medical condition interfere with work-related activities?
- Is the medical condition found on the list of disabling conditions already reviewed by the administration?
- Is the applicant capable of doing work that they have done in the past?
- Is the applicant able to do any sort of work?
It can be difficult to prove disability which is why nearly 65% of all claims are initially denied. That’s why it is best to contact our team before you begin the application process so that we can help you every step of the way and increase your chances of obtaining the correct compensation in a timely manner.
We operate on the belief that if you are disabled that you should spend your time focusing on healing and not worrying about the stress of dealing with insurance companies and the government.