You wake up at 5 a.m. to start your shift at the warehouse, then rush to your evening job at the restaurant. Like many Virginians, you're working multiple jobs to make ends meet. But when you slip on a wet floor during your restaurant shift and injure your back, you suddenly face a frightening question: how will this injury affect both of your incomes?
At Dulaney, Lauer & Thomas, our Virginia work injury attorneys help people with multiple employers get the full workers' compensation benefits they deserve. We understand that losing income from several jobs can devastate your family's finances. That's why we fight to ensure your benefits reflect all your lost wages, not just from the job where you got hurt.
Virginia's workers' compensation laws have special rules for people with multiple jobs. Understanding these rules helps you get the benefits you need while you recover from your injury.
How Virginia Calculates Your Benefits
When you work multiple jobs and get hurt at one, Virginia law says your benefits should be based on wages from all your jobs combined. This rule protects workers who need multiple incomes to make ends meet.
Here's what you need to know about benefit calculations:
- All wages count. Your benefits include income from every job you had in the year before your injury.
- One insurance company pays. The insurance company for the job where you got hurt must pay benefits based on all your wages.
- 52-week lookback. Typically, they calculate your average weekly wage using the past 52 weeks of earnings.
- Recent jobs matter. If you recently started a new job, special rules help ensure those wages count.
Keep pay stubs and tax records from all your jobs. These documents prove your total income and help you get maximum benefits.
Reporting Your Injury
By law, you must report your workplace injury within 30 days to the employer where it happened. But having multiple jobs means thinking about your other employers, too.
Key points about reporting:
- 30-day deadline. Report the injury to the employer where it happened within 30 days.
- Tell other employers if needed. Tell your employers if you can't work your other jobs due to the injury.
- Doctor's notes apply everywhere. Work restrictions from your doctor apply to all your jobs.
- Two-year filing limit. You have two years to file a formal workers' compensation claim.
Being honest with all your employers protects your job and your benefits. Insurance companies cannot punish you for having multiple jobs.
Getting Medical Treatment
Managing doctor appointments gets harder when you have multiple employers. But Virginia workers' compensation covers all reasonable medical care for your injury.
Tips for managing treatment:
- Choose convenient appointment times. Many clinics offer early morning or evening hours.
- Get mileage reimbursement. The insurance company must pay for travel to medical appointments.
- Tell your doctor about all your jobs. Your doctor must know what you do at each job to write proper work restrictions.
- Follow all restrictions. Breaking your doctor's rules at any job can hurt your claim.
Don't skip appointments or rush back to work. Taking care of your health helps you return to all your jobs sooner.
Protecting Your Jobs
The employer where you got hurt cannot fire you for filing a workers' compensation claim. However, other employers might have attendance rules that could affect your job if you miss too much work. Stay in touch and provide medical documentation to protect your position.
Tips to protect all your employment:
- Know your rights. The job where you got hurt cannot retaliate against you.
- Communicate clearly. Give all employers copies of your work restrictions.
- Check FMLA eligibility. Some jobs may qualify for Family and Medical Leave Act protection, providing up to 12 weeks of job-protected leave.
- Document everything. Keep copies of all medical notes and employer communications.
Returning to Work With Multiple Jobs
Going back to work looks different when you have more than one job. Your doctor might clear you for one job but not another. Virginia offers partial disability benefits if you can work but earn less than before your injury.
These strategies can help you return to work carefully:
- Start slowly. Return to your easier job first, then add hours and duties gradually.
- Get specific releases. Have your doctor write separate return-to-work notes for each job.
- Calculate partial benefits. You may still get some workers' compensation if you earn less than before.
- Don't rush. Returning too soon can cause re-injury and more lost wages.
Your Virginia work injury lawyer can help you determine the best way to return to work while protecting your health and income.
Getting Legal Help
Workers' compensation gets tricky when you have multiple employers. Insurance companies might try to ignore wages from your other jobs or pressure you to return to work too soon. You need an experienced attorney who understands Virginia law and will fight for your full benefits.
The lawyers at Dulaney, Lauer & Thomas know how to handle workers' compensation claims for people with multiple jobs. We make sure insurance companies count all your wages and respect your rights at every employer. Don't let confusion about multiple jobs stop you from getting help. Our experienced Virginia work injury lawyers are here to discuss your case and protect your income.