Illinois work comp: One injury, two jobs
Most injured workers in Illinois have just one job. In some cases however, a worker will have two or even three jobs. This creates issues.
The most common issue relates to your average weekly wage. You are entitled to benefits based on your earnings. Whether or not you can include both jobs depends on whether or not the employer where you got hurt knows about the 2nd job. If they did then you are good to go and your weekly wages for both jobs matter. This will result in more money for you on TTD benefits and at settlement time.
If you clearly got hurt on one job (e.g. you slipped on a wet floor and twisted your knee) then there is likely no doubt as to which employer is responsible for your work comp benefits. But what if you have a repetitive trauma injury to your back from lifting heavy boxes or carpal tunnel from typing? If your job duties on both jobs are similar, how do you prove which employer should really be on the hook?
Sometimes to be safe we have to file a case against both employers. Other times you know that one job is really working you harder or is where you notice most of your problems. If one of the jobs is 40 hours a week and the other is 10 hours a week, the full time job is likely the employer to go after. On the other hand, if your work week is fairly equal at both jobs, unless your doctor has a strong opinion on this issue it's hard to say who is responsible.
One of the first things we do for clients is see who the insurance companies are for the employers. We've been in situations where the responsible employer wasn't clear, but then we noticed that the insurance company was the same for both of them. That solved the problem really fast because in the end it didn't matter who was responsible.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
