Many people work more than one job in California. They do this to support their families, add to their savings, or just deal with the rising cost of living. But what happens to a workers’ comp claim if you’re injured at one of your jobs and it affects your ability to work the other jobs? There are clear rules for this situation. Understanding how it works can help you protect your rights after a work injury.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys help you after an injury, even if you have multiple jobs. Get in touch with us today to protect your rights.
You’re Covered Even If You Work Multiple Jobs
The state’s workers’ comp system covers you regardless of how many jobs you have. So, if you’re hurt working for one of your jobs, that employer’s workers’ comp insurance has to provide benefits.
It does not matter:
- Which job caused the injury
- Whether your other jobs are full-time, part-time, seasonal, or gig-based
- Whether your employers know about each other
If your injury happened on the job and is work-related, you could be entitled to:
- Medical treatment
- Temporary disability benefits
- Permanent disability benefits
- Other protections
Your Benefits Must Include Wages From All Jobs
Many workers misunderstand this important fact: your benefits are based on wages from all of your jobs. Often, insurance companies “forget” to include this or purposely fail to ask if you work somewhere else to reduce their costs.
Any temporary disability benefits are based on the average weekly wages you get. If you work multiple jobs, the insurance company has to combine those wages, not just base it on the job where you got hurt.
This matters because TD benefits are typically two-thirds of your average weekly earnings. If only one job’s wages are counted, your benefits can be drastically underpaid.
What If Your Injury Prevents You From Working Your Other Jobs?
If you’re hurt at one job, you’re likely unable to work at the others. This commonly happens in situations such as:
- A warehouse worker injures their back lifting boxes and can’t continue their weekend rideshare job.
- A nurse injures their shoulder at the hospital and can’t perform their part-time caregiving job.
- A retail worker slips and falls, making it impossible to continue their second job as a server.
If your injury prevents you from performing any of your jobs, the insurance company must pay TD benefits based on your total combined income.
What If You Can Still Work One Job but Not the Other?
It is more complicated if you can work at the other job. If your other job is less physical, for example, maybe you can keep doing it. You might still qualify for partial temporary disability benefits. This helps make up the difference in your earnings because you can work one job, but not the other.
The calculation still uses your combined pre-injury wages, not just the wages from the job where you were hurt.
What If You’re Classified as an Independent Contractor at One Job?
California’s AB 5 and the “ABC Test” place big limits on who can be called an independent contract. Many people labeled as independent contractors are actually employees.
If one of your jobs misclassified you, you may still be entitled to workers’ compensation benefits from that employer. Misclassification is extremely common in:
- Rideshare and delivery work
- Construction
- Janitorial services
- Home health care
- Freelance or gig-based roles
A workers’ compensation attorney can help determine whether you were misclassified.
Insurance Companies Often Underpay Multi-Job Claims
Unfortunately, insurers frequently:
- Ignore wages from your second or third job
- Claim they “can’t verify” your other income
- Delay wage calculations
- Use only the wages from the job where you were injured
- Miscalculate your average weekly earnings
These errors can cost you hundreds of dollars per week.
What to Do If You’re Injured and Working Multiple Jobs
To protect your benefits:
- Report the injury immediately to the employer where it occurred.
- Tell the doctor that you work multiple jobs — this affects your work restrictions.
- Gather pay records from all employers.
- Submit wage documentation to the insurance adjuster.
- Consult a workers’ compensation attorney if the insurer refuses to include all wages or delays benefits.
Protect All of Your Workers’ Comp Benefits in California: Even if You Work Multiple Jobs
You case is more complex if you work multiple jobs, but you still have rights. Insurance companies may not calculate benefits correctly unless you fight for yourself. You have the right to accurate, full workers’ compensation benefits for your situation.
Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.