Legal

Employer Must Pay Workers’ Compensation for Concurrent Job: Court

By Sheena Harrison

Jan. 20, 2012

A public works department must pay workers’ compensation benefits based on a worker’s departmental job, plus another job he held on the side, according to a New York appellate court.

William Thomas worked as a light equipment operator for the Warren County Department of Public Works when he was injured in 2009. Court records show that Thomas also was employed by a janitorial service at that time.

Under New York workers’ comp law, the department was required to pay benefits to Thomas based on his average weekly wages from “all concurrent employments.”

A 2007 amendment to the state comp law barred employers from being reimbursed by a Special Disability Fund for excess benefits paid on behalf of a concurrent employer, records show. The public works department argued, in part, that it should not be required to pay benefits for Thomas’ outside employment because it could not be reimbursed.

The appellate court disagreed with the department in its unanimous ruling Jan. 19.

“To conclude otherwise would be to subvert the purpose of (the) Workers’ Compensation Law … , and ignore the plain language of the 2007 amendment and the Legislature’s intent to close the Fund,” the decision reads.

Sheena Harrison writes for Business Insurance, a sister publication of Workforce Management. To comment, email editors@workforce.com.

Stay informed and connected. Get human resources news and HR features via Workforce Management’s Twitter feed or RSS feeds for mobile devices and news readers.

Sheena Harrison writes for Business Insurance, a sister publication of Workforce Management.

What’s New at Workforce.com?

blog workforce

Come see what we’re building in the world of predictive employee scheduling, superior labor insights and next-gen employee apps. We’re on a mission to automate workforce management for hourly employees and bring productivity, optimization and engagement to the frontline.

Book a call
See the software

Related Articles

workforce blog

Compliance

Minimum Wage by State in 2023 – All You Need to Know

Summary Twenty-three states and D.C. raised their minimum wage rates in 2023, effective January 1.  Thr...

federal law, minimum wage, pay rates, state law, wage law compliance

workforce blog

Legal

New Labor Laws Taking Effect in 2023

The new year is fast approaching, and with its arrival comes a host of new labor laws that will impact ...

labor laws, minimum wage, wage and hour law

workforce blog

Legal

Wage and Hour Laws in 2022: What Employers Need to Know

Whether a mom-and-pop shop with a handful of employees or a large corporation staffing thousands, compl...

compliance, wage and hour law