If you have two or more jobs and are unable to work both because of a work injury, the amount of your weekly workers’ compensation payment should cover the lost wages from both jobs. While there are some exceptions, if both jobs are entirely legal (not under the table) and your employers have workers’ comp insurance, you should be eligible to receive benefits from both.
If both (or all) of your employers are covered by workers’ comp, then your workers’ comp payment must include the amount of the wages from the other jobs. The other employers don’t actually pay anything; rather the amount of the wages is simply included in the calculation of your average weekly wage. Note that only jobs where your employer has workers compensation insurance are included.
What are some exceptions to this?
If you have a second job but are paid “under the table,” or if there is no employer (for example, if you give music lessons, mow lawns, or sell firewood), then income from that second job is not included.
Does it matter which job I was injured at?
No. Regardless of which job you were at when you were injured, you are still eligible as long as both employers have workers’ comp coverage.
If I was injured at one job, can my boss at the other job fire me for missing work?
Yes. This can happen. To understand the details, please read our article on the topic: Can I Get Fired Because of a Work-Related Injury?
How is my weekly workers’ comp payment calculated?
The weekly workers’ compensation payment is based on a calculation of your average weekly wage in the six months prior to the injury. The calculation uses your gross wages (before deductions). The workers’ compensation insurance company must provide you with a form (called a “Form 25”) listing out the 26 weeks (six months) of weekly pay. The weekly wages are then added up and divided by the number of weeks, to come up with the average weekly wage (AWW).
Your weekly workers’ compensation payment (called TTD), is usually 2/3 of the average weekly wage. Sometimes it’s 90% of the gross average weekly wage. You can read about this in our blog, How Do They Figure Out the Amount of my Weekly Workers Comp Check?
How much workers comp will I receive?
In order to figure include wages from other jobs, you must obtain Form 25 from the other employers. Either you or the workers’ compensation insurance company should send a Form 25 to the second employer.
Who pays the workers comp?
All workers comp benefits, even where your TTD reflects more than one job, are paid solely by the insurance company for the employer where you were hurt.
At Gallivan and Larson, we deal with workers comp cases all the time. Have questions about your eligibility and how to make sure you’re getting what you’re owed?