What If I’m Injured While Working for Multiple Employers?
Is a work-related injury keeping you from working for multiple employers?
You aren’t alone. This is becoming more common as more Americans are working more than one job to make ends meet.
The Guardian reports, “Based on data from the Bureau of Labor Statistics, more than 400,000 Americans work two full-time jobs. In September 2022, 4.9% of all the more than 164 million US workers held two or more job positions, over 7.7 million workers.”
Another report found that “44% of Americans are working at least one extra job to make ends meet each month.”
What happens if one of these double-booked employees is injured while working?
How does this affect workers’ compensation benefits?
The truth is, it falls into a complex category known as concurrent similar employment, which varies greatly from one employee to another.
Let’s get into it.
The Fundamental Purpose of Workers’ Comp
It’s important to start by recognizing the purpose of workers’ compensation.
The purpose of workers’ compensation is to provide compensation for medical treatment, rehabilitation, and permanent disability to employees who suffered an injury while on the job.
But wait! That’s not all.
Not only is the purpose of workers’ compensation to provide compensation for medical needs resulting from the work injury, but it also provides coverage for lost wages.
According to the Georgia State Board of Workers’ Compensation Notice of Payment or Suspension of Benefits:
In addition to paying your medical expenses for an injury at work, the employer will pay you for part of your lost wages if you are disabled from work for more than seven (7) calendar days because of your work-related injury.
TEMPORARY TOTAL
O.C.G.A. §34-9-261: IF YOU ARE NOT ABLE TO WORK AT ALL because of your injury, your employer/insurer must pay:
- 2/3 of your average weekly wage with a maximum of $800 per week if your date of accident was on or after July 1, 2019. A minimum of $50.00 per week, or your actual weekly wage if less than $50.00 per week.
- If your accident occurred on or after July 1, 1992, and if your injury is not catastrophic, you are not entitled to this type of benefit for more than 400 weeks. Furthermore, your benefits may be reduced to those allowed by O.C.G.A. 34-9-262 under certain circumstances after you have been released to return to work with limitations or restrictions.
TEMPORARY PARTIAL
O.C.G.A. §34-9-262: IF YOU MUST WORK FOR LOWER WAGES because of your injury at work, your employer/insurer will pay:
- 2/3 of your wage loss (the difference between what you make after your injury and what you made before), with a maximum of $533 per week if your date of accident was on or after July 1, 2019 for a maximum of 350 weeks from the date of accident.
PERMANENT PARTIAL
O.C.G.A. §34-9-263: IF YOU LOST A PART OR MEMBER OF YOUR BODY or lose the use of a member (such as arm, finger, eye, etc.), you will first receive benefits described above during disability, and then upon return to work or otherwise becoming ineligible for TTD or TPD benefits, you will receive payment for permanent partial disability for a certain number of weeks, based on the percentage of your loss. Multiply the permanent partial disability (%) by the maximum number of weeks listed below to determine the number of weeks you will receive PPD benefits. For example, for a 15% permanent partial disability to an arm, multiply 15% times 225 weeks. The answer of 33.75 represents the number of weeks you will receive income benefits.
This is fancy legal language that is basically saying the lawmakers in Georgia have determined a value for each body part in terms of the number of weeks covered for income benefits (lost wages) if you receive a permanent partial disability rating.
For the others, temporary total and temporary partial, you receive 2/3 of your average weekly wage in income benefits.
Learn more about Workers’ Compensation Benefits in Georgia
Is Your Average Weekly Wage Affected by Your Work Injury?
Therefore, the question becomes, “Is your average weekly wage affected by your work injury?”
Let’s say that your work injury makes you unable to work your other job.
This means you also lose income from this employer.
Theoretically, you should be able to add up all wages from all your jobs for your average weekly wage to figure out the income benefits you’ll receive.
However, this only works if the jobs are similar in nature or considered “concurrent similar employment.”
What Is Concurrent Similar Employment?
In the realm of workers’ compensation, concurrent similar employment refers to individuals who work 2 or more jobs.
If it is determined that you do have concurrent similar employment, you may be entitled to increase your average weekly wage, which will therefore raise your workers’ compensation income benefits.
This is where it gets tricky.
Just having two jobs isn’t enough to be considered concurrent. They must also be similar in nature.
But what does “similar in nature” mean?
Typically, in Georgia, the duties are what determines similarity and not similar “job titles.”
For example, a receptionist in an office and a clerk in a hotel have similar duties. They both welcome those who enter, keep records, and help run the front desk.
One judge could consider these jobs concurrent, and another may not.
What If You Can’t Work Any of Your Jobs due to Your Workers’ Comp Injury?
Workers’ compensation for concurrent similar employment is complicated.
Let’s say your work injury at the paper plant leaves you unable to work your shifts in the Walmart stock room.
Instead of just losing wages from the paper plant, you are losing both sources of income.
In this case, you’ll have to prove that you have concurrent similar employment.
If you perform the same types of duties, such as heavy lifting, this should qualify.
However, if your other job can accommodate your light-duty restrictions, you can continue working your second job.
How to Go about Working a Second Job If On Workers’ Compensation?
Another thing to consider is telling your other jobs about your work accident, job restrictions, etc.
If you continue to work at one of (or all) your other jobs, it would be good to make sure those duties are relatively light (or lighter) than where you got injured.
If not, the insurance adjusters could argue your heavier duties at those other jobs are what’s causing your pain, disability, etc., and not the job where you actually received your work injury.
Keep in mind that the insurance company is spying on you.
Watch this video to find out more about insurance surveillance.
Concurrent Employment Is Complex for Workers’ Comp. Hire an Experienced Attorney.
Workers’ compensation can drive even the smartest employee a little bit crazy.
All the paperwork and deadlines are mind-boggling.
Now, add in having to prove concurrent similar employment.
You do not want to do it on your own.
If your work injury is causing you to suffer lost wages from multiple jobs, get in touch with an experienced workers’ compensation attorney.
You do not want any old attorney – you want someone who understands all the weird rules about this specific type of situation.
DeMedeiros Injury Law is ready to fight for the workers’ compensation benefits you truly deserve.
If you’ve been injured on the job, contact us today for a free, no-strings-attached consultation.
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