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Legal Alert: Income Loss Protection If Hurt On The Job

How does a worker holding two jobs obtain income loss protection when a work accident arising out of the part-time employment causes loss of income from his other full-time employment?

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A person holds two jobs, one full-time and one part-time. He is injured while working at the part-time job. The injury is serious. It prevents him from working at either job for four months. What wage loss payments may he seek? The New Jersey Supreme Court’s decision in In re Scott provides the answer. The injured worker is entitled to collect worker’s compensation, temporary total disability benefits (a form of a wage replacement) for his part-time work-related injury.

Contemporaneously, he may also qualify for state temporary total disability benefits due to inability to work at his other, full-time job. In other words, because he lost employment from both jobs, he may seek temporary total disability benefits from both employments while recuperating. One benefit is provided under the workers’ compensation law. The other benefit is available under the state temporary total disability law that normally compensates a person for loss of income caused by a non-work-related injury. The Court reasoned that limiting the worker’s recovery to the workers’ compensation benefit would not adequately protect the worker from wage loss from two employments.

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