While it may be possible to work a second job while receiving workers’ compensation benefits in Las Vegas, it’s essential to navigate this situation carefully and in accordance with the laws and regulations that apply to workman’s comp in Nevada. For starters, you should prioritize your health and well-being. Also make sure to report your income accurately, seek medical clearance, and consult with a Las Vegas workers’ compensation lawyer who can help you navigate through your specific circumstances.
Can You Work a Second Job While on Workers’ Compensation?
Working a second job while receiving workers’ compensation benefits in Las Vegas is subject to specific regulations and restrictions. Workers’ compensation is designed to provide financial support to employees who suffer injuries or become ill due to work-related incidents, temporarily preventing them from performing their regular job duties. Whether you can work a second job while receiving workers’ compensation benefits depends on several factors, however.
The type of job duties you are responsible for at the second job, the severity of your injury, your restrictions, and the effect that working a second job might have on your recovery will all need to be considered.
If you suffer an occupational injury, you should let the insurance company know about your second job when you make your claim. The income from both your positions will factor into your benefits. Therefore, notifying the insurance company ahead of time may help avoid issues such as a denial or reduction of benefits.
How Will a Second Job Affect Your Workers’ Compensation Benefits?
Starting a second job while out of work on workers’ compensation can also impact your ability to receive benefits. It may change the types and amounts of benefits you are awarded. For instance, the total amount of wage replacement benefits you receive may be adjusted based on the combined wages from both your jobs. To calculate your benefits, the insurance company will consider your pre-injury wages and any wages you’re currently earning.
The duties required of your second job also matter. If your second job involves tasks that differ substantially from your primary job, or is considered part-time, it may not affect your benefits. However, if your second job has the same or similar duties to your primary job or is full-time, your benefits may be reassessed or denied.
You should be open and honest with your primary and secondary employers about your situation. Inform them about your workers’ comp benefits, as well as any medical restrictions you may have. You may also consider consulting with a workers’ compensation lawyer in your area to discuss your rights and legal options.
Understanding Workers’ Compensation in Las Vegas
Workers’ compensation is a state-run benefit program. Its purpose is to provide protection to both Nevada workers and employers. Qualifying employers must obtain coverage for workers injured on-the-job. Failing to do so may result in administrative penalties with the state’s Department of Business and Industry.
In exchange for receiving workers’ comp benefits, you cannot go back and sue your employer for additional injury-related damages. As such, you relinquish your right to file a civil lawsuit for damages, including lost wages not covered by the partial wage replacement benefit or pain and suffering.
Types of Workers’ Compensation Benefits
Workers’ comp coverage provides several benefit types, including medical treatment coverage, wage loss benefits, and vocational rehabilitation.
Medical Treatment
If you suffer a work-related injury or illness, the workers’ compensation system provides coverage for your associated medical treatment. The program’s aim is to make sure you have the healthcare resources you need after a workplace injury. It also seeks to help injured workers smoothly reintegrate into the workforce once recovered.
Eligible employees are entitled to a range of medical treatment benefits. The answer to the question, “What medical treatment is covered by workers’ compensation?” may include the costs resulting from hospital stays, doctor visits, diagnostic tests, surgeries, medications, and rehabilitative services.
Unlike coverage through your private insurance, workers’ comp medical treatment benefits are typically offered without you paying any out-of-pocket expenses. Unexpected medical issues resulting from workplace accidents can often create a significant financial burden. The workers’ comp system provides some relief, allowing those injured on the job to concentrate on healing and regaining their productivity.
Wage Loss Benefits
Missing time after a work accident can leave you struggling with financial challenges on top of the physical pain and suffering caused by your injury. The Nevada workers’ compensation system provides wage loss benefits to help with this. Wage loss benefits provide monetary support to employees whose income drops because of a work-related injury or illness.
In Nevada, workers’ compensation wage loss benefits cover two main categories: Temporary Total Disability (TTD) and Temporary Partial Disability (TPD). You may be awarded Temporary Total Disability benefits if you cannot perform any job duties temporarily. TTD benefits will pay a portion of your pre-injury wages. You may receive Temporary Partial Disability benefits, on the other hand, if you can perform some tasks, but not your full range of duties. TPD benefits aim to make sure you receive compensation commensurate with the reduction in your earning capacity.
If you hold two jobs and are injured at one of them, the benefit calculation for partial wage replacement can be intricate. The wage loss benefits you receive are determined by your average wage, which is calculated based on both jobs combined. If the injury prevents you from performing either job, a portion of your combined average wage is provided as compensation. However, if you can still work one job but not the other due to the injury, your benefits will likely be adjusted accordingly.
Vocational Rehabilitation
If you suffered an injury and, as a result, can’t go back to your previous job, you may need new knowledge and job skills. A vocational rehabilitation program will work to find new opportunities for employment. Additionally, it will give training to help you transition into a different field, if necessary. Vocational rehabilitation services may include a skill assessment, job counseling, training, and job placement assistance.
Criteria for Receiving Workers’ Compensation
Nevada state law specifies certain criteria that determine eligibility for workers’ compensation benefits.
Employment Relationship
You must fall under the classification of an employee in order to have eligibility for workers’ comp benefits. If your worker status falls under the categories of independent contractor or volunteer, you may not qualify for these benefits.
Determining employment status can sometimes be complex. It depends on factors, including control of work duties and performance, payment structure, and the nature of the employer-employee relationship.
Work-Related Injury or Illness
To have a valid claim, your injury or illness must have happened while performing, or as a result of performing, your job duties. Covered injuries and illnesses typically include those suffered on the company premises, during work-related travel, or while engaged in work-related activities.
Timely Reporting
Nevada state law requires you to make a formal injury report to your employer within seven days. If you don’t report your injury within this timeframe, it may affect your ability to recover benefits.
Once you inform your employer of your injury, it is their responsibility to notify their insurance carrier or the Nevada Division of Industrial Relations.
Employer Coverage
Most employers in Nevada must carry workers’ compensation insurance. Such coverage makes sure that injured employees receive the post-injury support they need, without having to establish fault for an on-the-job accident.
Exemptions
With few exceptions, the workers’ comp system covers most employees. Some categories, such as certain agricultural and domestic workers, may not be covered.
Importance of Consulting With an Attorney for Your Workers’ Comp Claim
The workers’ compensation system was created to give injured workers financial relief, allowing them to focus on what matters most – their physical and emotional wellness. However, obtaining these benefits is not always straightforward, even for eligible workers.
One of the primary reasons to hire a Las Vegas workers’ compensation attorney is that an experienced lawyer will be familiar with the statutes, regulations, and case precedents that will affect your claim. Your attorney will explain your rights, and guide you through the process of recovering the benefits you are entitled to receive.
The workers’ compensation claim process involves submitting documentation and reports, and adhering to strict deadlines, as well as interacting with the insurance company and your employers. Your attorney will help you understand the 5 mistakes to avoid when filing workers’ comp, and ensure your rights are upheld. He or she can assist in gathering the necessary evidence, medical records, and witness statements to strengthen your case, and aid in determining the answer to the question: “Can I work a second job while getting workers’ comp in Las Vegas?”. Having the right documentation may aid in increasing the likelihood of a successful claim, that isn’t negatively affected by your second job.
