A recent report from KY FACE reveals in 2021, Kentucky recorded 96 workplace deaths, translating to a rate of 4.7 fatalities per 100,000 workers. Dealing with a work-related injury can be a taxing and complicated process. Things can get especially confusing for people who work a second job to boost their income. After experiencing an injury that causes you to be unable to work at one job, continuing to work at a second job can impact your workers’ compensation claim. The total benefits you are entitled to may be reduced due to the income from your second job.
Filing a workers’ compensation claim can be frustrating. Insurance companies typically look for reasons to reduce or deny the amount spent on a claim. If you choose to deal with insurance companies alone, you may not get the total amount of compensation you deserve. At Sam Aguiar Injury Lawyers, our experienced Louisville workers’ compensation lawyers will fight for your rights, so you receive the benefits you deserve. Contact us today to schedule a consultation.
Workers’ compensation is a type of employer insurance coverage that pays cash benefits or medical care to workers injured or become disabled while on the job. Workers’ compensation provides lost wages, medical expenses, and rehabilitation costs to injured employees.
Kentucky laws require all employers with one or more employees to carry workers’ compensation insurance. The law allows employees to receive benefits even when they get injured because of their own negligence. To be eligible for workers’ compensation, one must suffer from a work-related injury or occupational disease or be a dependent of a worker killed on the job. Other requirements include the following:
- The injured worker must seek medical treatments
- The employee must meet reporting deadlines.
The following are the steps to take when you suffer a workplace injury or illness and have two jobs:
- Report the medical issue to your employer: Report the industrial injury to your employer immediately. If you suffer an occupational illness, report the damage as soon as you learn the condition could be related to your work.
- Report your second job: If you are working a second job at the time of the injury, report your income from the second job. Failure to report your second job may be considered insurance fraud. This will likely result in your claim being denied.
- Document evidence: Document evidence of your workplace injury or occupational disease by taking photos or video. Proper documentation will assist you and your attorney in proving your losses and damages.
- Seek medical treatment: It is common for workplace injuries to have delayed symptoms. Therefore, it is crucial to seek immediate medical treatment after an injury, whether you are experiencing any symptoms or not. A doctor will undertake a medical checkup and diagnose the extent of your injury or disability. Besides, scheduling a doctor’s appointment right after the injury helps protect your legal rights to compensation. When filing your claim, the doctor’s report and medical records help prove your injuries. If you fail to seek medical attention immediately, you risk getting your workers’ compensation claim denied.
- File your worker’s compensation claim: File your compensation claim as soon as possible. Your employer will provide you with the forms necessary for filing your claim. When filing the claim, attach relevant evidence to prove your workplace injury and a medical report substantiating your claim. Additionally, submit documentation of all wages at the time of the injury.
In Kentucky, you can’t work a second job while collecting workers’ compensation benefits. Workers’ compensation benefits are typically designed for injured workers unable to perform their usual job duties. If you can work a second job, an insurance adjuster may argue that you are physically fit to return to your current job or find alternative employment.
If you had a second job at the time of your injury, your benefits might completely or partially pay for the loss of the second income. When filing your claim, ensure you report all income you received at the time of injury. Keep in mind this process is challenging to navigate. Kentucky compensation laws are complex, and it is best to work with a workers’ compensation lawyer In Louisville to guide you through the various legal hurdles. At Sam Aguiar Injury Lawyers, we will work out the best action plan for your unique situation.
It is not advisable to obtain a new job while receiving workers’ compensation benefits. A second job could reduce your benefits or make you lose the entire amount. The purpose of workers’ compensation is to give your body time to recover in order to return to work.
As mentioned earlier, the law requires you to report all income when collecting workers’ compensation benefits. Failure to report extra income can be considered insurance fraud. Insurance providers are very familiar with the under-the-table tricks to fool their systems. They have invested in effective technologies and mechanisms to detect fraudulent claims. If the insurance company determines you are not reporting all your income, you could lose all your benefits and face legal action.
As mentioned earlier, workers’ compensation claims are complex. Laws typically differ in each state. In some states, a worker may obtain a second job and still receive benefits provided they report the additional income to the insurance provider. In other states, workers are allowed to return to work while receiving benefits for lost time. It is always best to consult a workers’ compensation attorney. Experienced workers’ compensation lawyers can help you choose your best options and advise against specific actions that may affect your claim.
You are entitled to workers’ compensation if you have suffered an injury while at work. However, knowing how to file a claim can be challenging, especially when you have a second job. With the help of a workers’ compensation lawyer, Louisville residents can get the help they need to file a successful claim. Call Sam Aguiar Injury Lawyers. We know how an injury can impact your life and affect your ability to meet your living expenses. Our goal is to get you the maximum possible compensation for your injury, whether you have a second job or not. Contact us today to schedule a free consultation.