Injured At a Second Job in Fort Lauderdale: How Florida Workers’ Compensation Handles Multiple Employers

Many Fort Lauderdale residents hold down more than one job. You might drive for a delivery service on weekends, pick up shifts at a restaurant, or use your skills as a freelancer.

When you get hurt at one of those jobs, figuring out which employer is responsible and how your benefits are calculated is often complicated. Our Fort Lauderdale workers’ compensation lawyer explains how the claims process works and how your benefits are calculated.

How Florida Workers’ Compensation Calculates Benefits When You Work More Than One Job

Under Section 440.14 of the Florida Statutes, workers’ compensation wage-replacement benefits are calculated based on your average weekly earnings for the prior 13 weeks, which may include wages from a second employer. Here’s how Florida’s Division of Workers’ Compensation generally calculates benefits in this situation:

• The employer where the injury occurred is the primary responsible party.
• Wages earned at a second job may count toward your average weekly wage calculation if you worked there 75 percent of the preceding 13 weeks.
• If both employers were aware of your employment with the other, wages from both positions may be factored into your average weekly wage.
• Independent contractor arrangements at a second job further complicate coverage, especially if the second employer disputes that you were an employee at the time.

Some employers at a second job may not carry required workers’ comp coverage, which triggers a separate set of legal options for injured workers in Fort Lauderdale.

Other Factors That Impact Your Rights to Fort Lauderdale Workers’ Compensation When You Work Two Jobs

For Fort Lauderdale residents who hold down two jobs, on-the-job injuries can be particularly devastating. How your benefits are calculated can mean the difference between replacing most of your lost income and replacing only a fraction of it. Other facts that impact your rights in a Florida workers’ compensation claim:

• Insurers are not legally required to seek out your second job income, so it is up to you to bring it up if you want it included in wage calculations.
• The 13-week average weekly wage calculation requires documented earnings, so you’ll need bank statements or other records showing your second income.
• If your second job was cash-based, seasonal, or paid irregularly, you may need tax records or sometimes sworn statements from your employer or coworkers.
• If your second employer does not carry required workers’ compensation coverage, you may be able to hold them personally liable for your injuries.

Florida workers’ compensation claims involving multiple employers are among the most complex cases. To avoid leaving money on the table, get professional legal help right away.

Consult Our Experienced Fort Lauderdale Workers’ Compensation Lawyer

If you work multiple jobs and suffer work-related injuries in South Florida. contact our experienced Fort Lauderdale workers’ compensation lawyer. The Law Offices of David M. Benenfeld, P.A. protects your rights, helps you document income, and fights for the total compensation you deserve. Request a consultation today at our Sunrise, Fort Lauderdale, or West Palm Beach office.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.14.html

myfloridacfo.com/division/wc/employee/frequently-asked-questions