Navigating the aftermath of a workplace injury in New York can be incredibly challenging, filled with uncertainty about your health, your ability to work, and your financial stability. This stress can be magnified when you're diligently working multiple jobs to support yourself and your family. You're not navigating this alone; in 2023, 169,961 workers' compensation claims were assembled in New York, highlighting how frequently hardworking individuals face unexpected job-related injuries. If you've been injured while employed in more than one position, understanding how New York workers' comp applies to your specific circumstances is a critical first step toward securing the support you rightfully deserve.

Understanding the Foundations of the NY Workers' Compensation System

The New York Workers' Compensation system is a no-fault insurance program, meaning that, generally, an injured worker does not need to prove their employer was negligent to receive benefits. In return for this guaranteed coverage, employees typically cannot sue their employer for a work-related injury.

The primary objectives of this system are to provide:

• Medical Benefits: Payment for necessary medical care, including doctor visits, hospitalization, surgeries, prescription medications, and approved therapies related to the workplace injury or illness.
• Wage Replacement Benefits: Cash benefits to replace a portion of the wages lost due to the inability to work, or to work at full capacity, because of the injury.
• Death Benefits: Payments to surviving dependents if a work-related injury or illness results in the worker's death.
• Vocational Rehabilitation: Services designed to assist an injured worker in finding suitable employment if they are unable to return to their previous job.

Eligibility for these benefits hinges on being an employee who has suffered an injury or illness "arising out of and in the course of employment." The New York State Workers' Compensation Board (WCB) oversees the system, ensuring compliance and resolving disputes.

The Critical Role of "Concurrent Employment" in NY Workers' Compensation

When an individual works more than one job at the time of their injury, the doctrine of "concurrent employment" becomes paramount in New York. This legal principle allows for the wages from all covered employments to be combined when calculating the worker's Average Weekly Wage (AWW). This is significant because the AWW is the basis for determining the amount of weekly cash benefits an injured worker will receive.

What is Considered Concurrent Employment?

• You must have been working two or more jobs at the same time during the 52-week period preceding your injury.
• The employments must be "covered" under New York Workers' Compensation Law. Most employment in New York State is covered, but there are specific exceptions (e.g., certain maritime workers, federal employees, some agricultural workers, and volunteer workers for nonprofit organizations under specific conditions).

If you are injured at one job, and that injury prevents you from working at all your jobs, the wages from these other concurrent, covered employments can be included in your AWW calculation. This ensures that your benefits more accurately reflect your total earning capacity that has been diminished by the workplace injury.

Calculating Your Average Weekly Wage (AWW) with Multiple Jobs in New York

The average weekly wage is a cornerstone of your workers' compensation claim. In New York, the AWW is typically set at two-thirds of your weekly wage, not to exceed the state maximum of $1,222.42 as of July 1, 2025.

When Multiple Jobs Are Involved: The combined weekly wages from all qualifying jobs are added together to determine your AWW. Your compensation rate is then calculated as two-thirds of that total AWW, subject to the statewide maximum ($1,222.42 for injuries between July 1, 2025 – June 30, 2026).

Specific Scenarios and Considerations for Workers' Comp and Multiple Job Holders in NY

The application of workers' compensation rules can vary based on the specifics of your employment and injury. The most common situations include:

Injury at Primary Job Prevents Work at All Jobs

This is the most straightforward scenario for applying concurrent employment rules. If your injury sustained at one covered job prevents you from performing duties at all your covered jobs, then wages from all such concurrent employments should be included in your AWW calculation.

Injury at Part-Time Job Prevents Work at All Jobs

The principle remains the same even if the injury occurs at a part-time job. If that injury renders you unable to work at your other part-time or full-time covered jobs, the earnings from all these jobs contribute to your AWW. The WCB is concerned with your total loss of earning capacity from covered employments.

Injury at One Job, Able to Work Other(s) with Restrictions or Reduced Earnings

This situation can be more nuanced.

• Total Disability from Injured Job, Partial from Others: If you are totally disabled from the job where you were injured but can still work at your other job(s), perhaps with restrictions or for fewer hours, your benefits will be based on your AWW from all jobs. However, any wages you actually earn from the other job(s) while disabled may be considered "actual earnings." These earnings can reduce your weekly workers' compensation benefit. The goal is to ensure your combined income (workers' comp benefits plus wages from the other job) does not exceed your pre-injury AWW.
• Reduced Earnings Benefits: If your injury forces you to work fewer hours or in a lower-paying capacity at any of your jobs, you may be eligible for reduced earnings benefits. These are typically calculated at two-thirds of the difference between your AWW (from all jobs) and your current earning capacity.

Understanding Covered vs. Non-Covered Employment

It is essential to determine if all your jobs fall under the New York Workers' Compensation Law.

• Covered Employment: Most employers in New York State are required to have workers' compensation insurance for their employees.
• Non-Covered Employment: Examples might include
  • Federal government employees (covered by a separate federal system).
  • Certain employees of foreign governments.
  • Clergy and members of religious orders.
  • Individuals performing yard work or casual chores for a household (not related to a business).
  • Independent contractors (though misclassification of employees as independent contractors is a significant issue, and the WCB looks at the actual nature of the work relationship).

If one of your jobs is not covered, the wages from that non-covered job generally cannot be included in your AWW calculation for a claim arising from an injury at a covered job. An experienced New York workers' compensation lawyer can help assess the status of each of your employments.

Essential Documentation for Proving Income from All Jobs

To substantiate your claim for concurrent employment wages, meticulous record-keeping is vital. We advise gathering the following types of documentation for all jobs held in the 52 weeks prior to your injury:

• Pay Stubs: Collect all pay stubs, as they typically show gross earnings, hours worked, and pay periods.
• W-2 Forms: While W-2s show annual earnings, they can help establish employment and total income for the previous year.
• Tax Returns: Your filed tax returns (federal and state) can provide a comprehensive overview of your earnings, especially if you have self-employment income from a covered activity.
• Employer Letters: A letter from each concurrent employer verifying your dates of employment, rate of pay, and average hours worked per week can be very persuasive.
• Bank Statements: If pay stubs are unavailable, bank statements showing direct deposits from employers can help demonstrate consistent employment and earnings.
• Employment Contracts or Agreements: These documents may outline your terms of employment and pay rate.
• Records for "Gig" Economy Work: If you work for app-based services (e.g., ride-sharing, delivery), maintain detailed records of your earnings statements, trip logs, and payment summaries. The classification of gig workers is evolving, and some may be considered employees for workers' compensation purposes.

It is important to present this information clearly and comprehensively to the insurance carrier and, if necessary, to the Workers' Compensation Law Judge (WCLJ).

Potential Challenges and Strategic Approaches

Claims involving multiple jobs can sometimes face heightened scrutiny from insurance carriers. It is important to anticipate and prepare for potential challenges such as

• Disputes over "Covered Employment" Status: Insurers may argue that one or more of your jobs do not qualify as covered employment under NYS law (e.g., claiming you were an independent contractor).
• Accuracy of AWW Calculation: There might be disagreements on the correct calculation of your AWW, especially if earnings fluctuated or if records are incomplete.
• Failure to Disclose All Employment: It is imperative to be upfront about all sources of income and work activity. Failure to disclose work while receiving benefits can lead to severe penalties, including forfeiture of benefits and fraud charges.
• Apportionment Issues: If you have a prior injury or condition, the insurer might attempt to apportion your disability, attributing some of it to factors unrelated to the current work injury. While apportionment for prior disabilities (not prior injuries) can occur, a workers' compensation lawyer in New York can ensure it is applied correctly and fairly.
• Delays in Processing: The additional complexity of verifying multiple income streams can sometimes lead to delays. We proactively follow up to keep your claim moving forward.

Working with a skilled workers' compensation attorney can be very beneficial to overcome any challenges that arise during the process of filing a workers' compensation claim in New York. This is particularly true when interacting with insurance companies and managing settlements.

Why Legal Counsel is Indispensable for Multiple Job Claimants

While the New York workers' compensation system is designed to be accessible, the nuances of claims involving multiple jobs and concurrent employment can be particularly challenging for unrepresented individuals. Engaging experienced legal counsel offers significant advantages:

• Accurate AWW Calculation: An attorney will ensure all eligible income sources are identified and correctly factored into your AWW, maximizing your potential benefits.
• Navigating Complex Legal Doctrines: A lawyer understands the intricacies of "concurrent employment," "covered employment," and other relevant legal principles.
• Evidence Collection and Presentation: A lawyer can help with the painstaking collection and presentation of the records required to demonstrate earnings from all sources.
• Representation at Hearings: If your claim is disputed, a lawyer will provide skilled representation before the WCLJ, advocating vigorously on your behalf.
• Countering Insurer Tactics: Lawyers are familiar with common tactics used by insurance carriers to minimize payouts and can effectively counter them.
• Peace of Mind: Knowing that a knowledgeable professional is handling the complexities of your claim allows you to focus on your medical recovery.
• No Upfront Fees: Workers' compensation attorneys in New York typically work on a contingency fee basis, meaning fees are a percentage of benefits awarded and are approved by the WCB. There is no fee unless the lawyer successfully secures benefits for you.

Understanding the potential for significantly increased benefits when concurrent employment is properly established is vital. That's why having experienced legal guidance by your side is so important.

Brandon J. Broderick, Attorney at Law, By Your Side After Your New York Workplace Accident

We understand that dealing with the aftermath of a New York workplace accident is incredibly difficult, and we truly empathize with the pain, stress, and uncertainty you are likely facing right now. At the law firm of Brandon J. Broderick, our deepest commitment is to stand as a steadfast support for injured workers just like you. We want you to know that we are here to be by your side through every challenge, offering compassionate guidance as you navigate your rights and options. We understand that this is a very challenging time for you. Please reach out to us today for a free consultation so that we can listen to your story and guide you in obtaining the compensation and justice you rightfully deserve.