What If You Have Multiple Jobs When Injured in Vermont?

Working more than one job is a reality for a lot of Vermonters. Whether you’re picking up shifts at a second employer to cover the bills or balancing a part-time gig alongside full-time work, juggling multiple jobs is common. But what happens if you get hurt on the job? Which employer’s insurance covers you? Do your wages from all your jobs count toward your benefits? These are important questions, and the answers can have a real impact on the money you receive while you recover.

Which Employer Is on the Hook When You’re Hurt?

The starting point is straightforward: the workers’ compensation insurance of the employer where the injury actually happened is the one responsible for your claim. If you work 40 hours a week at one company and a few shifts per week at a second job, and you get hurt at the second job, that employer’s insurance carrier handles the claim. The fact that your primary job pays you more or takes up more of your time doesn’t change that.

Vermont’s workers’ compensation law covers most employees regardless of whether they’re full-time, part-time, or working for multiple employers at once. So being a part-time or secondary employee doesn’t put you in a lesser category when it comes to your right to benefits.

Will Your Wages From Other Jobs Be Counted?

This is where things get especially important for workers with multiple jobs. Vermont law addresses this directly. Under 21 V.S.A. § 650(a)(4), if you are employed by more than one insured employer at the time of your injury, your total earnings from all of those employers are combined to calculate your average weekly wage. That combined figure is then used to determine your wage replacement benefits, which are generally set at two-thirds of your average weekly wage.

Why does this matter so much? Because your wage replacement is only as accurate as the income figure it’s based on. If the insurance carrier only accounts for the wages from the job where you were hurt and ignores what you earn elsewhere, your weekly benefit check will be lower than it should be. Vermont’s law is designed to prevent that from happening, as long as you were actively working at both jobs at the time of the injury.

Here’s a simple example of how wages might be combined across jobs:

1. Job A wages (where injury occurred): $550/week average
2. Job B wages (second concurrent employer): $275/week average
3. Combined average weekly wage: $825/week
4. Estimated wage replacement benefit: approximately $550/week (two-thirds of combined wages)

What If You Lost a Second Job Before Your Disability Kicked In?

Workers’ compensation claims don’t always follow a clean timeline. Sometimes an injury happens but the disabling effects show up later, perhaps after a surgery or as a condition worsens over time. Vermont courts have addressed situations where a worker held multiple jobs at the time of the original injury but had already left one of those jobs by the time disability began. In general, courts look at which jobs you were actively working at the time disability is established, not just the date of the original incident. This can be a complicated distinction that affects how your wages are calculated, and it’s the kind of issue that can make a significant difference in your benefits.

Protect Yourself: Steps to Take After a Work Injury

If you’re hurt on the job and you work more than one job, there are some practical things that can help protect your claim:

• Report the injury to the employer where it happened right away
• Tell the insurance carrier about all jobs you are currently working
• Keep records of your pay stubs and schedules from every employer
• Get prompt medical attention and follow your treatment plan
• Track any income you lose from any job, not just the one where you were hurt

Insurance adjusters don’t always volunteer information that works in your favor. They may try to calculate your average weekly wage using only the wages from the employer where you were injured, or they may challenge whether your second job income should be included at all.

Talk to a Vermont Workers’ Compensation Attorney About Your Situation

Multiple-employer situations add a layer of complexity to an already complicated system. If you work more than one job and have been hurt at work, the Vermont workers’ compensation lawyers at Sluka Law PLC want to hear from you. We encourage you to reach out to us for a free consultation so we can review your situation and help you understand what benefits you may be entitled to. Don’t leave money on the table because a second job was left out of the equation.

Source:

legislature.vermont.gov/statutes/section/21/009/00650