Second Job Wage Loss Under Missouri Workers' Compensation

When a Second Job Is Allowed

Under Missouri law, an injured employee may return to work part‑time or in a reduced capacity if the new position does not interfere with recovery and is not a substitute for the original job. The employer must certify that the new work is safe and that it does not aggravate the injury. If the employee receives a wage from this second job, it is considered "substantial" and may reduce the amount of workers' compensation benefits, but it does not automatically disqualify the employee from receiving wage‑loss compensation for the original position.

Calculating Wage‑Loss Benefits

Workers' compensation benefits for lost wages are calculated based on the average weekly wage (AWP) of the injured worker's former job. The AWP is determined by the employer's payroll records for the 12 weeks prior to the injury. If the employee earns a second job, the amount of compensation is reduced by the net earnings from the secondary work, but only to the extent that those earnings are "substantial." Missouri courts have defined substantial as a wage that is not trivial, typically at least 25% of the original wage.

Limits and Caps

Missouri caps wage‑loss benefits at 75% of the AWP. The benefit period is limited to the statutory maximum of 26 weeks for non‑fatal injuries, unless the injury is severe enough to qualify for a longer period under the law. If the employee's second job earns more than the 75% cap, the excess is deducted from the benefit amount.

Reporting Requirements

Employees must report any new employment to the Missouri Department of Labor and Industry (LDI) and provide documentation of wages earned. Employers are required to submit the second job information to the LDI's online portal within 30 days of the employee's start date. Failure to report can result in benefit reductions or denial.

When a Second Job Disqualifies Benefits

If the second job is deemed a substitute for the original employment—meaning the employee could have performed the same duties—the worker may be found ineligible for wage‑loss benefits. Additionally, if the secondary employment is not "substantial," the employee may still qualify for full benefits, but must prove that the second job is not a replacement for the original role.

Appealing a Decision

Employees who believe their benefits were improperly reduced or denied due to second‑job earnings can file an appeal with the LDI within 30 days of the decision. The appeal process allows submission of additional evidence, such as payroll records and medical reports, to reassess the impact of the secondary employment on wage‑loss benefits.