Legal Question in Workers Comp in New York

workers' comp and second jobs

Hi - Injury took place at primary job - still hobbling along there but very difficult. 2nd job impossible to continue - job requires standing for the whole shift - offered another part time job (single mom - second job necessary) that would allow sitting almost whole shift. 1st-can you get wc for both original jobs and work this other part time job (need same pay as getting now to make ends meet not just % which this other job can provide). UGH! (Severe muscle tear - up to knee in a medical boot.)


Asked on 2/12/08, 12:59 pm

4 Answers from Attorneys

Re: workers' comp and second jobs

You probably can but there may be set-offs depending on what you are making in the old job versus the new job. These multiple job cases can be tricky so I recommend you get a comp lawyer if you don't have one. I work with an excellant comp attorney and could put you in touch if you want. The above is not meant as legal advise as there is no attorney-client relationship. Good luck.

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Answered on 2/12/08, 1:04 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: workers' comp and second jobs

These second job cases are tricky. Your compensation depends on your reduced earnings(Known as RE or ARE) and your doctor's disability reports. There is also a cap on the amount of your weekly rate, which is 2/3's of your weekly salary with a max of $500 (depending on when you got injured). My advice is to seek the aid of a competent comp attorney such as myself. If you are located anywhere in the NY metro area from NYC up to dutchess or orange counties, I can help. If you are further north or on the island, I can refer you to a colleague.

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Answered on 2/12/08, 1:54 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: workers' comp and second jobs

These second job cases are tricky. Your compensation depends on your reduced earnings(Known as RE or ARE) and your doctor's disability reports. There is also a cap on the amount of your weekly rate, which is 2/3's of your weekly salary with a max of $500 (depending on when you got injured). My advice is to seek the aid of a competent comp attorney such as myself. If you are located anywhere in the NY metro area from NYC up to dutchess or orange counties, I can help. If you are further north or on the island, I can refer you to a colleague.

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Answered on 2/12/08, 3:25 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: workers' comp and second jobs

It is a complicated question. Please call me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free consultation. Thank you.

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Answered on 2/12/08, 4:51 pm


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