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If you are hurt on the job and are covered by workman's comp. can you file a claim on the other insurance?

workmans comp. only pays 2/3rds of what you made. if you have two jobs that destroys (the injury)your other source of income. Can you file a claim against your employers insurance(not the workmans comp.). No, not anything fraudulant at all...their regular insurance. I guess like homeowners for the company. Having two jobs, two incomes, but only workmans comp. for the one. The injury stopped both incomes so i don't know what to do.

2 years ago - 6 answers

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OK, the workers comp only pays 2/3rds, because it's TAX FREE, and you would have had to pay the other third in taxes - social security, medicare, state and federal income taxes. So the NET should be the same. However, if you have two jobs, the workers comp carrier for the employer where you were injured is ALSO on the hook for your lost wages from the second job. So you can't file two claims. It's only one injury. But you SHOULD get 2/3rds of the wages for both. You'll obviously have to have the other employer confirm your employment and wages.

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by mbrcatz17

2 years ago

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Other Answers

You can file a claim against anyone if you want, however; that doesn't mean you are going to win. It all depends on your case. Also, workers comp isn't taxed, so you have to consider that.

by jcmt3129- 2 years ago

No, that would be fraud.

by Squat1- 2 years ago

If you are injured at work all medical and income loss should be filed Thur workman's comp. It is important that you report injury right away. You should not file the claim with your employee health insurance.

by Jo Ann H- 2 years ago

No, you can't do that. Worker's compensation covers the wages earned on the job at which you were injured. The fact that you held ANOTHER job at which you can not now work doesn't make the first employer liable for your losses there.

by acermill- 2 years ago

Workman's comp sucks they exist to protect your employer from law suits they will try any thing to not pay a injured worker they are in the making money buss not the paying money buss until all comp decisions are made by 12 people out of the normal jury pool it will keep sucking

by hubert s- 2 years ago