If you have multiple jobs and get injured during one of them, how does Workers' Compensation affect your other jobs? Read on to learn more about what's covered and what's not.
Workers’ Compensation When You Have Multiple Jobs
By: Mark D. Chappell
Many people today need to work more than one job to pay the bills. But what happens if they get injured?
Are they entitled to recover for lost wages from all of their jobs? The answer is based on the fundamental purpose of Workers’ Compensation laws – which is to compensate injured workers for the losses they experience as a result of injuries sustained on the job. These losses include lost wages.
Average Weekly Wage Calculation
Most states use the FIND MORE LEGAL ARTICLES
SEARCH“average weekly wage” (AWW) of an employee to determine lost wage. This includes income derived from all jobs held at the time of the injury. AWW is typically calculated by looking back to the earnings from the year prior to the injury. If a worker is injured after only a short time on the job, then assumptions can be made as to the amount of wages they could reasonably have been expected to earn in the prior year. Sometimes this is done by looking to statistics of similar occupations in the area, for the same level of work and experience as the injured worker, to derive an estimate to use in calculating the AWW. If this calculation is unfair to the employee or employer due to exceptional circumstances, then the statute allows for other methods to be used to determine lost wages.For workers having more than one job, they bear the burden of proving wages earned from jobs other than the one where the accident occurred. Accordingly, the AWW calculation for the job where they did not get injured is not likely to be determined using the estimate method mentioned above. In this case, the AWW will likely be calculated based on pay stubs to determine wage loss benefits.
Amount of Compensation
States do not usually provide for an injured worker to be compensated for the full amount of AWW. They differ in how they balance the interests of compensating workers with the interests of keeping costs down for employers and insurance companies. Many states require insurance to cover two-thirds of the AWW. This is the case in South Carolina. The compensation rate is calculated by multiplying the AWW by 0.6667.
Severity of Injury
The amount of compensation is based on the degree of disability. If you are able to work with medical restrictions, either for fewer hours or for a less demanding job, then you are likely eligible for partial disability benefits. In this case, the amount you are able to earn can be subtracted from the Workers’ Compensation amount paid for lost wages. If you are not able to work at all for a period of time but can eventually return to work, then you would likely receive temporary total disability benefits. If your injury is so severe that you are totally disabled, then you might qualify for permanent Social Security disability benefits.
Copyright Chappell, Smith & Arden, Attorneys at Law
Link to original article: https://www.hg.org/legal-articles/workers-compensation-when-you-have-multiple-jobs-49082
Workers’ Compensation When You Have Multiple Jobs - HG.org
Many people today need to work more than one job to pay the bills. But what happens if they get injured?