Legal Question in Workers Comp in California

The insurance company sooner or later will find out that you have a second job. The problem is insurance company are very suspicious when an injured worker receive disability benefit in one job and continue to work in another job. Feel free to call us at 213.388.7070 for a free consultation.

It's is fraud to omit 'material' information in workers comp. The check should contain a warning that you must report income from all sources.

If you fail to report the income from the seasonal work and they find out you're getting that income, they can turn you over to the district attorney to press charges for workers comp fraud.

I HAVE MY CLIENTS include the seasonal work in their annual income and demand the Temporary Disability payments reflect this, and then you report when the seasonal work produces income.

So: if you earn $42,000/year from the current job and $9,000/year from the seasonal work, you earn $51,000 and your average weekly earning are $980.77 ($51,000/52 wks).

That means you get $653.84/week Temporary Total Disability indemnity if you can't do any work for anybody.

But you can't get $653.84 PLUS your seasonal paycheck when not working.

YOU KEEP SUGGESTING YOU CAN GET get 20 hours (let's say @$20.19/hr for $403.85) PLUS 2/3 of the missing wages as Temporary Partial Disability (in this example, 2/3 of $403.85 results in $269.23 from the insurer) PLUS your full seasonal wages.

The Labor Code and Penal code don't make excuses for people failing to report all earnings because they can't afford gas and rent and food if they fail to report all income.

If you are working the seasonal part-time job and four hours of your regular job, YOU ARE MOST LIKELY READY TO GO BACK TO FULL DUTY WITH NO RESTRICTIONS and then you can work the two jobs and not worry about the police.