Compensation for lost income from primary job if injured at part-time job?

by Virginia
(Indiana)

As a part-time high school volleyball coach on contract with the school, I suffered a complete tear of my Achilles tendons while preparing my team for a game. This was just moments before the start of a game. The school is paying for my medical expenses, surgery, etc., but not for my lost wages from my primary job (which is not a job with the school).

I will be off work for up to 4 months due to this injury. Shouldn't the school's insurance be responsible to pay my lost wages from my primary job? I need income while treating and recovering from this injury. Is there any other avenue I can pursue for compensation? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Compensation for lost income from primary job if injured at part-time job?":

Virginia (Indiana):

For you to have a viable claim against the school for lost wages from your primary job would require you to prove the school was negligent, and that negligence was the direct and proximate cause of your injuries. Unfortunately for you, that doesn't seem to be the case.

The legal "burden of proof" is upon you. The school doesn't have to prove they were not negligent. Instead, you must prove the school was negligent. That is your burden of proof.

Turn to the insurance provided by your primary employer. If the insurance was workers' compensation, then you will not be entitled to lost wages unless you can prove you were injured while in the performance of your work duties with your primary employer.

See if your employer will provide compensation for injuries which occur off the job at the school. While it is likely they will not, check anyway.

You may be entitled to payment for your lost wages during your treatment and convalescence through the State of Indiana's "Short Term Disability" program. The Short Term Disability (STD) period and benefits last up to six months from the date you became disabled.

The basic STD benefit is sixty percent of your base biweekly gross wage, before taxes and insurance. Read a Brief overview of Indiana's Short Tern Disability law here.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Workers Compensation Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION