In California, workers’ compensation laws are designed to provide medical care and wage replacement to employees injured on the job. However, the process can become more complex when an individual works for multiple employers, whether full-time, part-time, or on a contractual basis. Injuries in these situations may raise questions about which employer is responsible, how lost wages are calculated, and how the injured worker can navigate the claims process.
This article will explore how California workers’ compensation laws apply when a worker is employed by multiple employers, how to handle claims in such cases, and what workers should know about protecting their rights when juggling multiple jobs.
1. California Workers’ Compensation Laws for Multiple Employers
Understanding Workers’ Compensation in California
Under California law, all employers are required to provide workers’ compensation insurance for their employees, regardless of whether they work full-time, part-time, or seasonally. Workers’ compensation provides injured employees with medical care, temporary disability benefits, permanent disability benefits, and vocational rehabilitation in the event of a work-related injury.
When an employee works for more than one employer, workers’ compensation still applies to each job independently, but complications can arise in determining which employer is responsible for paying benefits, particularly if an injury affects the employee’s ability to work in multiple roles.
Which Employer Is Responsible for Workers’ Compensation?
The key question in cases where an employee works for multiple employers is determining which employer is responsible for the workers’ compensation claim. In California, the employer responsible for the injury is typically the one whose job duties contributed to or directly caused the injury.
- If you are injured while performing duties for one employer, that employer is responsible for providing workers’ compensation benefits, even if you have other jobs.
- If you sustain an injury that affects your ability to perform multiple jobs, workers’ compensation benefits from the primary employer may take into account the wages lost from other jobs, but this varies depending on the situation.
2. How to File a Workers’ Compensation Claim When You Have Multiple Jobs
If you are injured while working for one employer and the injury affects your ability to work at other jobs, it’s essential to take the following steps to protect your rights and ensure that your benefits are calculated correctly.
1. Report the Injury to the Employer Where the Injury Occurred
The first step in any workers’ compensation case is to report the injury to the employer where the injury occurred. California law requires that you notify your employer of your work-related injury within 30 days. Failure to report the injury within this time frame may jeopardize your ability to receive workers’ compensation benefits.
Provide your employer with a clear account of how the injury occurred, the tasks you were performing at the time, and the nature of your injury. Your employer is responsible for filing a workers’ compensation claim with their insurance provider on your behalf.
2. Notify Other Employers About Your Injury
If your injury prevents you from working at your other jobs, it’s important to notify those employers about your injury as well. Although these employers may not be directly responsible for your workers’ compensation claim, they need to be informed that you cannot perform your job duties due to an injury sustained while working for another employer.
3. Ensure Your Total Wages Are Considered
In California, workers’ compensation benefits are based on your average weekly wage (AWW), which is typically calculated using your earnings from the employer where the injury occurred. However, if you work for multiple employers, your other income may also be factored into the benefits calculation. It’s important to ensure that all of your wages are considered when determining your disability benefits, as this will impact the amount of compensation you receive for lost wages.
For example:
- If you have a full-time job and a part-time job, but your injury affects your ability to perform both roles, your workers’ compensation benefits may be calculated based on your total earnings from both jobs, not just the job where the injury occurred.
3. Types of Workers’ Compensation Benefits When You Work for Multiple Employers
When dealing with multiple employers, it’s essential to understand how your workers’ compensation benefits are calculated and what types of benefits you may be eligible for.
1. Temporary Disability Benefits
Temporary disability (TD) benefits are provided to workers who are temporarily unable to perform their job duties due to a work-related injury. TD benefits replace a portion of your lost wages while you are recovering from your injury. If you have multiple employers, your TD benefits should take into account the wages you earned from all of your jobs, not just the one where the injury occurred.
For example:
- If you work 40 hours per week for one employer and 20 hours per week for another employer, your TD benefits should be based on the combined wages from both jobs if your injury prevents you from working either job.
2. Permanent Disability Benefits
If your injury results in a permanent impairment that affects your ability to work, you may be entitled to permanent disability (PD) benefits. PD benefits are awarded based on the severity of your disability, as determined by your doctor, and the impact the injury has on your ability to earn a living.
When you have multiple employers, your permanent disability rating and the corresponding benefits may be calculated based on your overall ability to work across all jobs. If your injury prevents you from returning to one job but not the other, this may affect the amount of permanent disability benefits you receive.
3. Medical Care
Workers’ compensation benefits include coverage for medical treatment related to your injury. This includes doctor visits, surgeries, medications, physical therapy, and other necessary treatments. Regardless of how many employers you have, your medical treatment will be covered by the workers’ compensation insurance of the employer where the injury occurred.
4. Special Considerations for Independent Contractors and Gig Workers
In today’s economy, many workers take on multiple jobs as independent contractors, freelancers, or gig workers. Navigating workers’ compensation when you work for multiple employers in this capacity can be more complicated.
1. Workers’ Compensation for Independent Contractors
In California, independent contractors are generally not covered by workers’ compensation insurance unless they are misclassified employees. If you are classified as an independent contractor but believe you should be considered an employee, you may be able to challenge your classification and seek workers’ compensation benefits. In these cases, it’s important to consult with a workers’ compensation attorney who can help you determine your employment status and rights.
2. Gig Workers and Workers’ Compensation
Many gig workers, such as rideshare drivers or delivery workers, work for multiple platforms or companies simultaneously. Under California law (AB5), some gig workers may be entitled to workers’ compensation benefits if they meet the criteria to be classified as employees rather than independent contractors. If you are injured while performing gig work, it’s important to understand whether you qualify for workers’ compensation benefits and which platform or employer is responsible for covering your claim.
5. Challenges of Navigating Workers’ Compensation With Multiple Employers
While California workers’ compensation laws provide coverage for employees injured on the job, navigating the system can be more challenging when you have multiple employers. Some common challenges include:
1. Determining Liability
When you have multiple jobs, it can sometimes be difficult to determine which employer is responsible for the workers’ compensation claim, especially if your injury is related to the tasks you perform in more than one role. In cases where the injury is caused by repetitive tasks performed across multiple jobs, you may need to seek legal assistance to establish which employer is liable for the injury.
2. Ensuring Full Wage Replacement
Workers’ compensation benefits are based on your earnings, so it’s critical to ensure that all of your wages are considered when calculating disability benefits. If the insurance company only takes into account the wages from the employer where the injury occurred, you may receive less compensation than you’re entitled to. This is especially important if you rely on multiple jobs to support yourself and your family.
3. Coordinating Return to Work
If your injury allows you to return to one job but not the other, coordinating your return to work can be challenging. Your doctor will need to determine whether you can safely perform the duties of each job, and your employers may need to provide modified or light-duty assignments to accommodate your restrictions.
6. How Laguna Law Firm Can Help With Workers’ Compensation Cases Involving Multiple Employers
Navigating a workers’ compensation claim when you have multiple employers can be complex, but Laguna Law Firmis here to help. Our experienced workers’ compensation attorneys understand the intricacies of California workers’ compensation laws and can guide you through the process of filing a claim, ensuring that all of your wages are considered, and protecting your rights.
Legal Support for Injured Workers With Multiple Employers
At Laguna Law Firm, we provide comprehensive legal support to injured workers, including:
- Filing workers’ compensation claims: We help you file claims with the correct employer and ensure that all necessary documentation is provided.
- Calculating disability benefits: We work to ensure that your disability benefits are based on your total earnings from all jobs, not just the job where the injury occurred.
- Representing you in disputes: If there is a dispute over liability, benefits, or medical treatment, we will represent you in hearings and negotiations with the insurance company.
With offices in Mission Viejo, Los Angeles, West Covina, Corona, San Diego, Orange County, and Newport Beach, Laguna Law Firm is dedicated to helping injured workers across Southern California navigate the complexities of workers’ compensation claims.
Conclusion
Working for multiple employers can complicate the workers’ compensation process, especially when an injury affects your ability to perform more than one job. However, California workers’ compensation laws provide protections for employees in these situations, and with the right legal guidance, you can ensure that your benefits are calculated accurately and that you receive the compensation you’re entitled to.
If you’ve been injured at work and need help navigating your workers’ compensation claim, Laguna Law Firm is here to support you. Contact us today for a free consultation, and let us help you protect your rights and get the benefits you deserve.
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