Visitor Question

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

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Virginia,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 9, 2015

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