Legal Question in Workers Comp in Virginia

I have 2 jobs and got hurt on one.

I was hurt at my primary job. This injury has resulted in not being able to work at my 2nd job. My 2nd job is where I have my medical and car insurance.

I am still able to perform limited duties at my primary job and am told that workman's comp will pay for medical bills and work loss due to this injury. However the income from the 2nd job and the benefits that it provides is going to create a hardship financially. What rights do I have in regards to the 2nd job medically and financially?


Asked on 5/20/04, 11:51 am

2 Answers from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: I have 2 jobs and got hurt on one.

This is certainly bad news if you lose all your benefits due to the injury on the ist job. In come circumstances you can combine the salaries from the 2 jobs for your compensation rate. You can do this if job 1 and job 2 are similar in nature. For example, if you do maintenace at both jobs and you make $300.00 at each job, you can add the two salaries together which would be $600.00 and then your comp rate would be two thirds or $400.00 per wk. However, the two jobs must be similar in duties.

Jerry Lutkenhaus

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Answered on 5/21/04, 9:02 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: I have 2 jobs and got hurt on one.

Your focus on what your "rights" may be with "regards to the 2nd job medically and financially" appears misguided since the second job was not the venue for your injury. In fact

what you have termed rights with respect to this second job could well be virtually zero since it's unlikely that you are working with any contractual protection against summary dismissal

by this second employer.

You should concentrate on securing the maximum benefits available to you as a result of the injury you suffered while employed in your primary position. But you must file a proper claim with the Workers' Compensation Commission

and from the wording of your question, it appears somewhat unclear as to whether you have actually

filed a claim with the Commission.

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Answered on 5/20/04, 7:50 pm


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