An injury at one job can cause financial losses beyond the paycheck from that position. A home health aide who also works weekend restaurant shifts, or a construction worker with an evening delivery job, may lose income from both when medical restrictions prevent them from working.

Those wages aren’t automatically added to a workers’ compensation claim, and continuing at another job doesn’t automatically end the claim. The wage calculation depends on whether the jobs qualify as concurrent employment, what the worker earned, and what work remains medically appropriate. For more than 25 years, we have represented injured New Yorkers facing these questions.

When Earnings from Multiple Jobs Count

Wages from more than one job may be included when the worker held qualifying concurrent employment at the time of the injury. New York Workers’ Compensation Law Section 14(6) directs that average weekly wages be calculated using earnings from all concurrent employments covered by the Workers’ Compensation Law.

Concurrent employment, sometimes called dual employment, means more than having held another job at some point during the year. Under New York regulations, a worker is concurrently employed when they regularly and customarily work for more than one covered employer within the same calendar week under circumstances that make them concurrently eligible for benefits.

For example, someone who regularly works weekdays for a warehouse and Saturdays for a catering company may qualify if both positions were active when the workplace injury occurred. A seasonal job that ended before the accident wouldn’t be part of the same wage calculation.

Qualifying wages aren’t presumed. The Workers’ Compensation Board needs enough information to identify each employer, establish that the work was ongoing at the time of injury, and determine whether the employment is covered. Workers should therefore name every job when reporting an injury, even if it occurred at only one workplace.

How Combined Earnings Affect Weekly Benefits

Qualifying earnings from multiple jobs can raise the Average Weekly Wage (AWW), the wage base used to calculate lost-wage benefits. It’s generally based on gross earnings, including overtime, during the 52 weeks before the injury rather than on take-home pay.

New York calculates weekly cash benefits by multiplying two-thirds of the AWW by the percentage of disability supported by medical evidence. That percentage reflects the worker’s medical condition and work restrictions, not the number of jobs held.

Consider a worker with qualifying gross weekly earnings of $1,200 from one job and $400 from a second. The combined wage base would be $1,600. At a 50 percent disability rate, two-thirds of $1,600 is $1,066.67, and 50 percent of that amount is $533.33 per week before any other applicable claim rules.

Combining wages doesn’t remove the statutory cap on weekly benefits. The maximum weekly benefit rate changes each July 1, and the applicable limit depends on the date of injury. Combined earnings can establish a more accurate wage base, but the final payment remains subject to the rate in effect on that injury date.

How Working After an Injury Affects Benefits

Working after an injury doesn’t automatically disqualify a worker from benefits, but all work and earnings must be reported accurately. Someone may be unable to resume heavy lifting at a warehouse while remaining able to perform seated or limited duties at a second job. The medical restrictions, actual duties, and earnings all matter.

Continued earnings can affect weekly cash benefits in a partial disability claim. New York law provides that compensation combined with decreased earnings or earning capacity can’t exceed the wages the worker received at the time of injury. A paycheck from one employer doesn’t necessarily mean the injury claim is over.

If the employer where the injury occurred continues paying wages, the worker may not receive payment directly from the insurance carrier for the same period. In some situations, the employer may seek reimbursement from the carrier. The worker must still document their work status and wage information.

Report every change consistently, including schedules, duties, and earnings from each job, including overtime. Incomplete reporting can raise questions about both the wage calculation and the level of disability.

Records to Gather from Every Job

Wage records give the Board and insurance carrier the information needed for an accurate calculation. Keep records from every employer active at the time of injury, not only the workplace where the accident happened.

Useful records include:

• Pay stubs showing gross pay, overtime, and pay periods.
• W-2 forms and direct-deposit records from each employer.
• Work schedules, time records, and employer wage statements.
• Information showing job duties before and after the injury.

Workers should also provide written notice of the injury to the employer promptly. New York Workers’ Compensation Law Section 18 generally requires notice within 30 days of the accident. It should identify the worker, provide their address, and state the time, place, nature, and cause of the injury.

Failure to provide notice within 30 days can result in the loss of workers’ compensation rights. Late notice can be excused in certain circumstances, such as when the employer had actual knowledge of the injury or wasn’t prejudiced by the delay. Prompt reporting and complete wage records protect different parts of the claim, so both deserve attention.

Reviewing the Full Wage & Work Picture

A complete review compares the wages listed in the claim with earnings from every qualifying job, then considers medical restrictions and work performed after the accident. Injury details, wage records, medical work restrictions, and information about current work activity can show whether the calculation reflects the full employment picture.

Workers shouldn’t assume that every second job is covered employment. The work arrangement, employers involved, and timing of the jobs determine whether wages qualify under Section 14(6). A careful review is especially important when an insurer has calculated benefits using only one paycheck.

We handle workers’ compensation matters in-house, reviewing the wage record, work status, and claim issues from start to finish. For guidance about a concurrent employment claim, contact Harris Firm, LLC at (212) 487-8669 to arrange a consultation.