If I Have Two Jobs, Do I Get Worker’s Compensation For Both?

If I have two jobs, do I get worker’s compensation for both?

Under Virginia Law, if a worker is injured at their main job at the airport, but also has a second job/side gig, the additional income may be included to calculate their pre-injury, average weekly wage to increase their compensation checks. The second job has to be a “similar employment”.

Under DC Law, both types of both jobs may be able to be included.

In Virginia Law, in order to receive more entitlements to your Worker’s Compensation claim if you have two jobs, they must be of similar employment.

For instance, if an individual works as a mechanic for an airline for 40 hours per week and also engages in part-time work as a mechanic at a private airport, such as Leesburg, for 20 hours per week, their employment would be considered “similar”. In such a scenario, the wages earned from both jobs would be combined to determine an increased rate of Worker’s Compensation payment. This means that the employer and insurance company for the job where the employee was injured may be paying a Worker’s Compensation check that is greater than the paycheck. The person had been earning before they were hurt!

On the other hand, if the second job for the airport jet engine mechanic is as a cashier at an Outback Steakhouse, it would not contribute to their Worker’s Compensation weekly checks because the jobs are so different. In this example, the mechanic with the part-time gig at outback has to get by on just 2/3 of their airport pay, and none of the income that they have been accustomed to earning at the restaurant.

Another consideration is what the injured worker receives on their regular paychecks. Too often, Lawyer Landau sees potential clients with compensation checks that are only based on their “straight pay,” 40 hours a week.

This local job listing posted at the great harvest bakery in Herndon, shows examples of perquisites, otherwise known as “perks quote. Police officers, and Herndon can get a car to take home, and uniforms, and this clothing, and transportation fringe benefit could be something that may be added to augment the calculation of their average weekly wage, and by extension, their Worker’s Compensation weekly payment rate (and potential settlement!).

In reality, many jobs, have overtime pay, “shift differential”, and other augmented pay-scales. Especially in the airline industry, flying during certain holidays can be a multiplier for the hourly rate. Furthermore, the employment package can be enhanced by including: bonuses, raises, uniforms, free meals, free lodging, and other benefits to ensure that the compensation is similar to what the injured worker received before the accident occurred.

Virginia Law does not include health insurance, life insurance, disability insurance, and other certain “fringe benefits” in the mix. The major point to remember is to share all of these potential things of value that you receieve as part of your “package” at work, with your legal counsel. Experienced worker’s compensation lawyers will know what to do with that evidence.

The states have different rules as far as fringe benefits and “perks” go.  Although they may not be included in a Worker’s Compensation claim, fringe benefits, like health insurance, and unrelated employment may be part of a claim in a third-party liability case. Where an injury was caused by  an unsafe luggage tug driver, refueling truck operator, or a defective product, the injured victim can potentially incorporate these items in the claim for damages in their lawsuit.

If you or someone, you know, has more than one job, gets lots of perks, and has questions about what compensation or reimbursement they may be able to recover, or have other questions about airport or airline injuries, please contact us at 703–796–9055 or email frontdesk@landaulawshop.com.