What Happens When a Workers’ Compensation Claim Involves Multiple Employers?
If a workers’ compensation claim involves multiple employers, your benefits may be calculated using wages from more than one job, depending on whether both positions are covered under Pennsylvania workers’ compensation law. The impact on your claim will depend on your employment status, the type of work you perform, and whether your injury prevents you from working one or both jobs.
If you are injured at work and have more than one job, it can significantly impact your workers’ compensation claim and the benefits you may be entitled to. Determining the specific circumstances of your injury and employment is crucial to understanding how your other job(s) may affect your claim.
How Are Workers’ Compensation Benefits Calculated?
Before exploring how concurrent employment may impact your workers’ compensation benefits, it’s important to understand how these benefits are calculated.
Workers’ compensation benefits are determined using your average weekly wage (AWW), which is calculated based on your prior pay periods to find your average gross earnings per week. Your weekly benefit amount is then based on your AWW:
- If your AWW is between $993.76 and $1,987.50, your weekly workers’ compensation benefits will equal two-thirds of your AWW.
- If your AWW is between $736.11 and $993.75, your benefits will be a flat rate of $662.50 per week.
- If your AWW is $736.10 or less, your benefits will be 90% of your AWW.
For example, if your average gross weekly wage is $1,200, your weekly workers’ compensation benefit check would be $800.
If you work more than one job, your combined income could increase your AWW, which in turn may impact the amount of your benefits.
What Happens If My Injury Prevents Me From Working Both Jobs?
If a work-related injury prevents you from working both of your jobs, your AWW and benefit entitlement depend on whether both employers are required to carry workers’ compensation insurance and whether both jobs are covered under the Pennsylvania Workers’ Compensation Act.
Workers’ Compensation Insurance
If both employers are required to carry workers’ compensation insurance, your AWW will be calculated using the total gross wages from both positions.
Most employers in Pennsylvania are required to carry workers’ compensation insurance. However, exceptions include certain federal government employees and domestic servants (e.g., personal maids, gardeners, and nannies).
If only one of your employers is required to carry workers’ compensation insurance, complications may arise:
- Injury at the insured job: Only the wages from the insured job will count toward your AWW.
- Injury at the uninsured job: You won’t be eligible for workers’ compensation benefits from either job.
While these cases are rare, it’s essential to confirm whether your employers are covered.
Independent Contractors
A more common scenario involves independent contractors. If one of your jobs is as an independent contractor:
- Injury at the employer job: Your independent contractor earnings won’t count toward your AWW or benefits.
- Injury as an independent contractor: You won’t be eligible for workers’ compensation benefits from either job, as independent contractors aren’t covered under Pennsylvania’s Workers’ Compensation Act.
What If My Injury Only Prevents Me From Working One Job?
If your work injury only prevents you from performing one of your jobs, your AWW will only include the wages from the job you can no longer perform. This assumes you’re an employee (not an independent contractor) and that both employers are required to carry workers’ compensation insurance.
What Should I Do If I’m Injured While Concurrently Employed?
The best course of action is to consult with an experienced workers’ compensation law firm. Knowledgeable attorneys can help you:
- Calculate your average weekly wage.
- Determine whether your employers are required to carry workers’ compensation insurance.
- Ensure you receive the correct weekly benefit amount.
- Assess whether your jobs are covered under the Pennsylvania Workers’ Compensation Act.
Talk to a Pennsylvania Workers’ Compensation Lawyer
Workers’ compensation claims involving multiple employers can be more complicated than traditional claims. Your average weekly wage, employment status, and whether each employer is covered under Pennsylvania workers’ compensation law can all affect the benefits you may receive.
If you work more than one job and suffered a work-related injury, it is important to make sure your wages are properly calculated and that you receive all benefits available under the law.
At Stern & Cohen, our Pennsylvania workers’ compensation attorneys help injured workers navigate complex concurrent employment issues and fight for the full benefits they deserve. Contact Stern & Cohen today for a free consultation.
FAQs
Can workers' compensation include wages from more than one job?
Yes. In some cases, Pennsylvania workers’ compensation benefits can be calculated using wages from multiple jobs. Whether wages from both positions are included depends on factors such as your employment status and whether the jobs are covered under the Pennsylvania Workers’ Compensation Act.
What is concurrent employment in a workers' compensation claim?
Concurrent employment means working more than one job at the time of a work injury. If you are injured while concurrently employed, your additional employment may affect how your average weekly wage and workers’ compensation benefits are calculated.
Can I receive workers' compensation if I have a full-time job and a part-time job?
Potentially. If both jobs are covered under Pennsylvania workers’ compensation law and your injury affects your ability to work, wages from both positions may be relevant when calculating benefits.
What if one of my jobs is as an independent contractor?
Independent contractor income is generally not included when calculating workers’ compensation benefits in Pennsylvania. Because independent contractors are typically not covered under the Pennsylvania Workers’ Compensation Act, those earnings usually do not count toward your average weekly wage.
What happens if I can still work one job but not the other after an injury?
The impact on your workers’ compensation benefits will depend on your specific circumstances. In some cases, benefits may be based only on the wages from the job you can no longer perform. Because these situations can be complex, it is often helpful to speak with an experienced workers’ compensation attorney.