“If I Get Hurt At Work And I Have 2 Jobs, Do I Get Paid For Both?”

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January 6  

Getting Paid For Both Jobs

I want to talk to you about the topic of: If I get hurt at work and I have a second job, do they pay me while I'm off work for my first job or do they have to pay me for both job?

That's something that comes up quite a bit and here's what it comes down to. If your employer knew and this is Illinois Law, so your state might be different. But in Illinois, which is the primary place I practice, I do represent people from other states when they call me. If you get hurt at work and you have two or more jobs, the question is, does your employer know about the other jobs? 

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Employer Must Know About The Other Job

So it's pretty straightforward. It is usually the case that if the employer knows that you have the other job, then they have to pay you while you're off work with a doctor's note for both jobs. If they don't know that you have another job in your Moonlighting, then they don't have to pay you for both jobs, they only have to pay you for the money you would have been earning at their employment. It's a pretty straightforward question.

There are wrinkles to it but that's really just the general rule. Now sometimes people ask me, "does it have to be in writing or is it enough that my supervisor knows?" That's enough. If your employer knows, even if it's not in writing or anything like that, that should be enough. Now they can deny it and fight about it, but frankly they can deny and fight about anything. You can't let the fact that they can wrongfully dispute your case, stop you from doing what you need to do to protect your rights. There are wrinkles to it.

Talk To A Lawyer

So sometimes it's a good idea to talk to a lawyer. I wouldn't give up on getting paid for both jobs until you talk to an attorney who knows the law in your area and who is familiar with work injury workers comp cases. I'm available to do that for you. I always give a free consultation. You can call me anytime day or night.

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About the author - Scott D. DeSalvo

I've been helping injured people just like you for my entire 20+ year career in all kinds of injury cases, and I can probably help you, too.

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