If someone is injured on the job, can they collect disability in additon to workmans comp if they also have a second job?
My GF works 2 full-time jobs. She injured her shoulder working at the first full-time day job and has not received surgery since it will put her out of work and money is tight. We have issues understanding what the laws are regarding what she can recieve. From what she was told she can only get workmans comp from the job she was injured on which makes sense. But can she also recieve disability also? What is the best course of action for someone working 2 full-time jobs and injured on the job at one job. She is refusing to get surgery and she is in constant pain. I want her to get it done.
You are correct that your GF is limited to workers comp. The reason is because she suffered the injury at work and workers comp is a no fault system. I suggest that she immediately file the claim as workers comp claims have short statute of limitations periods (often 1 year from the date of injury). You want her to obtain a lawyer that can get her to a doctor for treatment and determine the best course of treatment. If surgery is needed, it should be done sooner than later. If she has to miss work, she will get workers comp benefits while out of work for the job she was injured at. If the 2nd job will permit a leave of absence that is good, as she will need the time to recovered. After she she surgery she will get a rating from her doctor that will determine whether she is eligible for disability. In most states, she will need to show that she substantially limited in performing any jobs. I suggest that you hire a lawyer to help her complete the disability application if she is disabled after the surgery. I believe that she will likely be able to get back to work after surgery and her workers comp payments will be her source of income while she is recovering. She may also settle the worker's comp claim for a lump sum so she has money until she gets back on her feet. You will not know if she can get disability until after surgery presuming she has it - which she should. Hire a lawyer immediately to step in here.