Image of a construction worker balanced in a precarious position

Many Americans work multiple jobs either part-time or full-time. In South Carolina, if you were injured on one job but are unable to work either of your jobs because of that injury, your average weekly wage may be calculated based on the combined income from both jobs. This concept is often referred to as “concurrent employment” or “concurrent wages.”

This could potentially increase the amount of compensation you receive. The underlying logic is that the injury has impacted your ability to earn income from both jobs.

The South Carolina Workers’ Compensation attorneys at Joye Law Firm can help you understand your workers’ compensation benefits and how a second job might impact your claim.

How Does Workers’ Compensation Operate in SC?

Workers’ Compensation covers the associated losses and damages if a worker is injured or becomes ill due to job-related circumstances. Its purpose is to ensure financial protection for injured employees, who cannot work as a result of their job-related injury.

In South Carolina, Title 42 of the South Carolina Code of Laws codifies a statewide Workers’ Compensation system. Per Section 42-1-360, full-time workers employed by a South Carolina company with at least four employees are eligible for workers’ compensation.

Workers’ Compensation in South Carolina follows the no-fault model. This means that as long as you meet the eligible criteria, you may be entitled to compensation even if your work injuries occurred at your fault, with very few exceptions.

What Happens if You’re Injured, But Have Two Jobs?

Receiving the benefits you deserve from Workers’ Compensation can be a complicated process. Further, when you are unable to work your multiple jobs because of a work injury, like you were able to prior to said injury, the process becomes even more complicated. Seeking legal assistance from a reputable South Carolina Workers’ Compensation attorney will ensure that you follow all guidelines under state law and help you receive the amount of wage compensation you are entitled to.

If you are hurt on the job, take the following actions:

  • Report the injury to the relevant employer: The employer of the job where the injury happened is responsible for paying your compensation benefits. Even if you are eligible for benefits at both companies, you can only receive them from the employer where the accident occurred. The Workers’ Compensation system requires you to report your injury to your employer within 90 days. This notice requirement of reporting your injury to a supervisor or boss is substantial and can negatively affect your claim if not done correctly.
  • Seek medical treatment from the right medical professional. Receiving medical treatment promptly after the incident is critical. However, state law allows employers to select a medical professional and direct treatment for injured employees. Always visit the authorized treating doctors recommended by the employer of the job where your injuries occurred. Failing to do so may disqualify you from receiving benefits.
  • Disclose your second job income. According to state laws (Section 42-1-40), workers’ compensation benefits are calculated based on your average weekly wages, regardless of the number of jobs you work. Informing your first employer of your second job’s income allows them to calculate your benefits accurately. You will likely need to submit pay stubs or wage documentation from your second job as part of the claim.
  • Collect evidence and witness statements. Gather evidence of the accident scene, such as photos of your injuries, security video footage, and witness statements. Thorough evidence is necessary to demonstrate the accident’s exact circumstances and the full extent of your injuries.
  • Contact an attorney. A South Carolina Workers’ Compensation attorney can help you evaluate your claim, offer legal representation during all legal processes, and, if needed, help you appeal a denied claim. A workers’ compensation attorney can provide compassionate support and expert legal advice to ensure you receive the compensation you deserve.

Are There Exceptions to Receiving Workers’ Comp Benefits with Two Jobs?

If your injuries prevent you from working any job, you may qualify for workers’ compensation for all sources of income. This can include your full-time employment and any additional income streams, such as part-time or seasonal jobs, as long as you meet eligibility requirements for each position.

If your injuries only prevent you from working one job but not another, the compensation you may be entitled to varies depending on the situation. Generally, you may still be able to claim workers’ compensation benefits for the first job even if you can still work at the second job.

Calculating your workers’ compensation benefits depends on your total average wages and the exact type and extent of your injuries. However, if you can still work one of your jobs, the insurance company may deduct the amount you earn from your benefit payments. This is similar to offsets made when filing for multiple benefits, such as Social Security Disability (SSDI).

Call Joye Law Firm Before Filing a Workers’ Compensation Claim

While each workers’ compensation case is unique, the complexity of your case increases if you are injured while working multiple jobs in South Carolina. Joye Law Firm has represented injured workers since 1968 and can help you protect your rights and get the compensation you are entitled to.

Consulting with one of our experienced Workers’ Compensation lawyers is crucial to your claim’s process. We can evaluate your case, determine the benefits you are owed, and represent your interests until you receive the compensation you deserve. Contact us today to discuss your case and explore your options.

About the Author

Sophie Dieckhaus is an attorney at Joye Law Firm. Originally from Chicago, Sophie moved to Charleston to attend Charleston School of Law, before joining Joye Law Firm as an intake attorney.  Sophie helps people injured due to other’s negligence through personal injury claims and those hurt on the job trough workers’ compensation law.

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