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how to prove workers compensation injury when working two jobs

Workers’ compensation cases can become a bit more complex when the injured worker was working two jobs at the time of the injury. Depending on the type of injury and how it occurred, there may be a dispute regarding which job the injury actually occurred at. This is particularly common in cases with repetitive use injuries, like carpal tunnel syndrome when the jobs involve similar duties.

Because of the legal issues that may arise in cases where the injured worker has two jobs, it is crucial to hire an experienced workers’ compensation attorney to handle your case. The attorneys at Kneisler and Schondel have many years of experience fighting for the rights of injured workers in California. They have successfully handled many cases for injured workers working two jobs and are familiar with the kinds of issues that arise in these situations. Contact our office today to schedule a consultation with one of our attorneys to discuss your potential workers’ compensation case.

The Issue of Proving Causation When You Work Two Jobs

One issue that comes up when an injured worker is working two jobs when they become injured is proving that the job they claim caused their injury is actually the job that did cause their injury. This can become cloudy in cases with injuries such as carpal tunnel syndrome and other repetitive use injuries, but proving causation can also be problematic with other types of injuries, such as back injuries.

In many cases, the cause of the injury can be clearly connected to one of the two jobs. For example, if one job involves heavy lifting and the injured worker lifts something heavy and feels immediate back pain, proving that the lifting job duties caused the injury may not be that difficult. On the other hand, if both jobs involve heavy lifting and the injured worker wakes up one morning with back pain due to heavy lifting over time, it may not be readily apparent which of the two jobs caused the injury. In these cases, it is essential to have an attorney with experience handling these types of cases to help you. Your attorney will be able to review your medical records and help determine which job caused the injury or may determine it is necessary to file claims for workers’ compensation benefits at both jobs.

How Does Having Two Jobs Impact My Temporary Disability Benefits?

If you were working two jobs at the time of your injury and you are due temporary disability benefits for time off work, it is important for you to know from which insurance company you will receive disability benefits. Your attorney will review your wage statements for both positions and determine what your average weekly wage is, using your wages from both jobs in this calculation.

If eligible for temporary disability benefits, you will receive two-thirds of your total average weekly wages from all sources. This is subject to minimum and maximum rates under California law. If your average weekly wage is affected by the state minimum and maximum rates, your attorney will help explain to you how it affects your claim.

In some cases where a worker of two jobs is injured, they may be able to work at one position and not the other while they are recovering from their job-related injury. In that case, the injured worker will be entitled to two-thirds of the difference between their average weekly wage (pre-injury and using both jobs) and the amount they are currently making. If the injured worker is still able to work at both jobs, even in a light duty capacity at one or both, the injured worker will also be entitled to two-thirds of the difference in wages if they are making less money than they were prior to the injury.

Since having two jobs at the time of your injury can involve complex legal issues, it is a good idea to have an attorney handle your case. Even if your workers’ compensation claim is initially accepted, you may run into problems down the road if the insurance company denies medical treatment that your treating doctor recommends.

With an experienced workers’ compensation attorney on your side from the beginning, you can help your case stay on the right track, and you may be able to avoid medical care denials in the future. Contact the California workers’ compensation attorneys at Kneisler and Schondel today to get started pursuing workers’ compensation benefits in your case.