Part-Time And Full-Time Wages in A Workers Comp Claim

Date: December 8, 2017
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Question: I took a part-time job working on weekends to help make ends meet. Unfortunately, I slipped and fell while working on my part-time job and injured my knee. The doctor says that I’ll need surgery and I’ll be unable to work for 3 or 4 months. My pay on my part-time job was a lot less than my salary at my full-time job. So my workers comp from the part-time job will not come close to my current pay from both my full-time and part-time wages. How will I be able to pay my bills???? Anonymous, Dunmore, Pa.

Answer: If you are actively employed by two or more employers at the time you suffer a work injury, wages received from ALL employers will be used to determine your average weekly wage and compensation rate. The compensation will be paid by the employer for whom you were working when the injury occurred (your part-time employer). In your case, even though the weekend, part-time wages were less that the wages your earned at your weekday, full-time job, the compensation carrier for the part-time employer will be liable for the payment of compensation for your loss of earning from both jobs- typically 2/3 of your average weekly earnings as calculated at the time of the injury.

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.