What Happens When a Workers’ Compensation Claim Involves Multiple Employers?

November 22, 2024
Allen (A.J.) Dejewski
multiple employers

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:

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.

At Stern & Cohen, we specialize in helping injured workers maximize their benefits. If you’ve been injured while working multiple jobs or need assistance with your workers’ compensation claim in Pennsylvania, contact us for a free consultation. Our team is ready to guide you through the complexities of the system and fight for the benefits you deserve.

Reach out to us today to discuss your case!

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