Legal Question in Workers Comp in California

Residual Income

If I was an independant contractor for one company on a commission basis and an hourly employee for another company and injured while working for the hourly employer, can I still earn an income from the company I am independantly contracted with while collecting a workers compensation benefit for the portion of income lost at the second employment?


Asked on 9/16/08, 4:21 am

2 Answers from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: Residual Income

Temporary disability is supposed to represent your income at the time of your injury, even if it includes provable self employment. However, the defense may argue that they should average your earnings over the past year and that will be your T.D. rate. It is issues such as the one you presented are why injured workers usually hire attorneys.

If you have any questions, please do not hesitate to contact my office at 818.385.0520.

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Answered on 9/16/08, 5:27 pm
Nikki Mehrpoo Jacobson The Jacobson Law Firm, APC

Re: Residual Income

Please contact us for a free Workers' Compensation consutlation.

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Answered on 9/16/08, 4:03 pm


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