Can You Get Workers’ Comp If You Have Two Jobs in Pennsylvania?
If you have two jobs and are injured at work in Pennsylvania, you may be able to receive workers’ compensation benefits based on the wages from both jobs. If you qualify for concurrent employment under Pennsylvania workers’ compensation law, your average weekly wage may include earnings from both employers, which can increase your weekly workers’ compensation benefits.
Being hurt on the job in Pennsylvania is stressful enough. You may be in pain, missing work, and worrying about how you are going to pay your bills while you recover. That stress can feel even worse when you work two jobs that you depend on to get by.
Fortunately, Pennsylvania’s workers’ compensation law recognizes that many Pennsylvanians work more than one job. Depending on the facts of your case, if you were working two jobs when you were injured at work, your Pennsylvania workers’ compensation benefits may be based on the wages from both of your jobs, not just the job where you were injured.
This blog will explain the basics of Pennsylvania workers’ compensation, when both of your jobs will be covered, tell you what to look out for, and answer some common questions you may have about receiving workers’ compensation when you work two jobs.
Pennsylvania Workers’ Comp in General
In Pennsylvania, if you are unable to work because of a work-related injury, you may be entitled to workers’ compensation wage-loss benefits. Wage-loss benefits are designed to compensate injured workers for a portion of the income they lose while they are unable to work because of a work-related injury. The amount of wage-loss benefits you may be entitled to is based on your average weekly wage (or AWW).
Your AWW is an extremely important figure in the workers’ compensation process because it serves as the baseline for calculating your weekly wage-loss benefits. In Pennsylvania, your weekly compensation rate is typically equal to about two-thirds of your average weekly wage.
How Workers’ Comp Works When You Have Two Jobs
To receive compensation for both of your pre-injury jobs, you need to have what Pennsylvania law refers to as concurrent employment. Whether your second job will qualify as concurrent employment depends on the specific facts of your case.
When Do You Have Concurrent Employment?
Generally, your second job may qualify as concurrent employment if you were employed by both employers on the date of your work injury. However, since this determination is a fact-specific analysis, there are a couple of pointers you should know in order to best protect your rights. Specifically:
- You did not have to actually work both jobs on the day you were injured. As long as you were employed by both employers on the date of your work injury, it does not matter which job you happened to be working that day.
- Your employer where the injury occurred does not have to know about your second job. The fact that your employer was unaware of your other employment generally does not prevent it from qualifying as concurrent employment.
- A future job does not count. If you had accepted a job but had not yet started working there when you were injured, that job generally will not qualify as concurrent employment.
- A former job does not count. If you left your second job before your work injury occurred, those wages generally cannot be included when calculating your workers’ compensation benefits.
Why This Matters: If You Have Two Jobs, Your Workers’ Comp Benefits May Be Higher
If you have concurrent employment, your workers’ compensation benefits may be significantly higher. Rather than calculating your average weekly wage using only the job where you were injured, Pennsylvania law may allow the wages from both qualifying jobs to be combined.
In other words, an average weekly wage is calculated for each job, and those amounts are then added together to determine your overall average weekly wage. Because your weekly workers’ compensation benefits are based on this figure, including wages from both jobs may substantially increase the amount of weekly wage-loss benefits you receive.
How We Can Help
If you have two jobs and were injured at work, making sure your workers’ compensation benefits are calculated correctly is a critical step in the workers’ compensation process. An incorrect average weekly wage calculation can reduce the amount of wage-loss benefits you receive throughout the duration of your claim.
To make sure you are in the best position, it is crucial to have an experienced Pennsylvania workers’ compensation attorney protecting your interests. If you or someone you know has been injured at work, don’t wait to get legal advice. Partnering with an experienced Pennsylvania workers’ compensation attorney can make all the difference. Stern & Cohen offers free consultations, and we operate on a contingency-fee basis, meaning we only get paid if we successfully secure benefits for you.
FAQs
Can I receive workers' compensation benefits from both jobs if I have two jobs in Pennsylvania?
Possibly. If you qualify as having concurrent employment under Pennsylvania workers’ compensation law, your wages from both jobs may be included when calculating your average weekly wage and workers’ compensation benefits.
Does my employer have to know I have a second job?
No. In many cases, your employer’s knowledge of your second job does not determine whether it qualifies as concurrent employment under Pennsylvania workers’ compensation law.
Should I speak with a Pennsylvania workers' compensation attorney if I have two jobs?
Yes. If you work multiple jobs, an experienced Pennsylvania workers’ compensation attorney can help determine whether your average weekly wage was calculated correctly and ensure you receive the full benefits you may be entitled to.