A Guide to SC Workers’ Comp if You Have More Than One Job
Learn about your right to workers’ comp benefits if you’re injured at work and have multiple jobs in South Carolina
For Columbia, South Carolina, workers who juggle multiple jobs, an injury at one workplace can create a ripple effect, making it difficult to perform your duties at your other job(s) as well. If you find yourself in this situation, you may wonder how workers’ compensation applies in this situation.
Can you claim wage loss benefits for both jobs if the injury occurred at just one? And if so, who is responsible for paying these benefits?
This article is designed to help you understand your rights to workers’ comp benefits in South Carolina when you’re injured on the job but have multiple sources of income. We’ll explain how workers’ compensation laws handle wage loss benefits for workers with more than one job, clarify who pays for lost wages at your second job, and provide guidance to ensure you’re fully compensated for your injury.
Read on to learn more about your options and how to pursue the benefits you’re entitled to.
How does workers’ comp work when you have two jobs?
Workers’ compensation is designed to provide benefits for medical costs, wage loss, and more for injuries that happen on the job, regardless of whether you have one job or multiple jobs.
In South Carolina, if you’re injured at one job and the injury prevents you from working at your other job(s), workers’ comp may cover wage loss for both. This is because workers’ comp benefits are calculated based on your average weekly wage, which can include income from all jobs you were working at the time of the injury, depending on your status as an employee.
Here’s how it works:
- When both jobs are employee roles. If you’re classified as an employee at both jobs and your employers both employ at least 4 employees, the wages from both jobs are usually combined to calculate your average weekly wage. This means you could receive wage loss benefits that reflect income from both jobs, even if the injury occurred at only one.
- When one job is as an independent contractor. Independent contractors are not eligible for workers’ compensation. If you’re classified as an independent contractor at your second job, income from that job likely won’t be factored into your workers’ comp claim. Only the wages from the job where you’re classified as an employee and covered by workers’ comp would be considered.
If you’re unsure whether your secondary job is considered to be employment or an independent contractor role or if your employer disputes your eligibility, be sure to speak with a local Columbia workers’ compensation attorney who can clarify your rights and ensure your benefits are calculated fairly.
Can I get wage loss benefits for both jobs if I’m injured at one in SC?
Yes, if you are an employee at both jobs, workers’ comp calculates your average weekly wage (AWW) by combining the income from both positions over the previous 52 weeks before your injury. You will be entitled to receive two-thirds of your AWW as wage loss benefits while you recover.
To ensure all eligible wages are included, you must provide accurate documentation of your income from all jobs. Pay stubs, tax returns, or employment contracts can help verify your earnings.
Who pays my wage loss benefits for the job where I wasn’t injured?
In South Carolina, the employer where you were injured is responsible for covering your workers’ compensation wage loss benefits, even if you have another job. To get these benefits, you will need to take steps to file a work injury claim with your employer’s insurer at the job where you were injured.
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How do I file a workers’ comp claim in South Carolina if I have more than 1 job?
If you’ve been injured at work and have more than one job, the process for filing a workers’ compensation claim in South Carolina is similar to filing a claim with just one job. These are the basic steps:
- Seek emergency medical care immediately. Prioritize your health and obtain treatment for your injury right away. This not only ensures your well-being but also provides important documentation linking your injury to your primary job. Please note that unless it’s an emergency, you should visit an employer-approved doctor.
- Notify your employer in writing. Report your injury to your employer within 90 days of the incident. Timely notification is crucial to avoid a denied claim. If you have multiple jobs, notify the employer where the injury occurred. You don’t need to notify your other employers unless the injury affects your ability to perform both jobs.
- Ensure your employer files a claim. Your primary employer must file a claim with their workers’ compensation insurer and notify the South Carolina Workers’ Compensation Commission. If they fail to do so, you can file the claim yourself using Form 50. Be sure to provide income documentation from both jobs to ensure your wage loss benefits reflect your total average weekly wage (AWW).
- Consult with a workers’ compensation attorney. If your employer doesn’t file your claim, your claim is denied, or your wage loss benefits don’t account for both jobs, contact a work injury attorney near you in South Carolina. They can help navigate the complexities of filing for combined wage loss benefits.
When filing a claim with multiple jobs, ensure all documentation, including income from both positions, is complete to maximize your benefits. An experienced workers’ compensation attorney can help guide you through the process.
Injured while working multiple jobs in South Carolina? We can help maximize your claim!
If you’ve been injured at work, especially while juggling multiple jobs, navigating the workers’ compensation system can feel overwhelming. Ensuring that your workers’ comp claim accurately reflects your total earnings is crucial for your recovery and financial stability. Unfortunately, employers and insurers often make this process more difficult than it needs to be.
At Smith, Born, Leventis, Taylor & Vega, our skilled Columbia work injury lawyers are here to help you every step of the way. From filing your claim and ensuring all income is accounted for to appealing denied claims and negotiating with insurers, we’re committed to providing the support and advocacy you need.
