I was working two jobs when I got hurt. Does this affect the amount I receive in weekly benefits?

It depends. Whether a second job affects your compensation rate (how much money you receive in weekly benefits) depends on a couple of things. First, were you employed by the two jobs at the same time? If not, then any wages you earned at the second job will not be taken into account when determining your compensation rate.

However, if you were employed concurrently at the two jobs, such as in the question asked in the topic of this post, the question then becomes whether the two jobs were substantially similar in the eyes of the Administrative Law Judge at the hearing. If the two jobs were so similar in nature with respect to job description, duties, and/or physical requirements, then the wages you earned at the second job will be taken into account when your compensation rate is calculated. If the jobs were different, then your compensation rate is calculated only using the wages you earned at the job where you were injured. This doctrine, known as "concurrent similar employment," is often an issue that is contested by the parties to a workers' compensation claim due to the factually-specific nature of the various job descriptions and duties.

A couple of examples might help clear this up:

1. John is employed during the day on an assembly line at Company A. At night, he works on the assembly line at Company B. If he was injured on the job at Company A and was forced to miss work at both jobs, the wages for both jobs would be used to calculate his weekly benefit.
2. John works on the assembly line at Company A during the day. At night, however, he works in a non-physical supervisory job at Company B. If he was injured at Company A, his wages from Company B would not be used to calculate his weekly benefit. Moreover, he could continue working his job at Company B without it affecting his receipt of weekly benefits from Company A.

As you might imagine, there are many different facts that can potentially affect how your compensation rate is calculated and when it can be altered or suspended. If you were working multiple jobs at the time of a work accident, it would be prudent to contact a workers' compensation attorney to ensure that your weekly benefits are being properly calculated. Even if you're not in the Athens, Georgia area, we will gladly assist you in any way we can with respect to your workers' compensation case.

I think my weekly benefit check is more than it should be. Should I speak up?

Unfortunately, and as hard as it is to voluntarily give up income in a time when you're struggling to make ends meet because of your injury, the answer is yes.  According to Georgia workers' compensation law, employer/insurer's are allowed to recoup or recover benefits that were overpaid to an injured worker (fortunately, there are restrictions placed on how far back in time the recovery can reach). If the worker is currently receiving a weekly income benefit or if he or she is entitled to benefits in the future, the employer/insurer can take a credit against those benefits.

The amount of the credit taken against ongoing income benefits is usually worked out between the employer/insurer and the worker (or his or her attorney). For example, if you're currently supposed to be receiving $400.00 per week in TTD benefits, but you were previously paid at an erroneous higher rate which resulted in an overpayment of $2,000.00, an arrangement could be reached whereby you would only receive $350.00 per week until the employer/insurer recovered the full amount of the overpayment.

Even if you aren't entitled to any additional benefits and you don't even work for the employer anymore, a garnishment action can be commenced against you at your current place of employment. Needless to say, this will create an enormous inconvenience and burden on you as you try to move on with your life.

Fair or not, that's the way the law works. The problem is, the vast majority of workers have no idea how workers' compensation benefits are calculated, and they therefore would have no reason to suspect that their employer has made an error in the calculation. Why should an injured worker be punished down the line for innocently receiving an overpayment that was the result of the insurance adjuster's mistake? Moreover, there are many times when the miscalculation in your compensation rate is so small that you'd never have reason to suspect there was an overpayment.

This is precisely the reason why I'm writing this post--to provide basic information for workers to help avoid this potential inconvenience.  So, if you have any reason to believe that you're receiving more than you should--such as, you were a part-time employee and your weekly benefit is nearly identical to the paycheck you received prior to your injury--it is a good idea to go ahead and report it to your employer. Chances are, the employer will soon uncover the miscalculation and they will, without a doubt, come after you to recover the money. A little honesty in the beginning can save you from a big headache later on.

Also, it's worth noting that these issues can get really complicated and messy, so it's a very good idea to have an attorney on your side to help ensure that your best interests are fully represented. If you have any questions about your workers' comp case, please let me know. Even if you're not in the Athens, Georgia area, give us a call and we will gladly help you with your case.

Quick Definitions: "Compensation Rate"

An injured worker's "compensation rate" is the amount of money which is payable to an injured worker on a weekly basis for either TTD, TPD or PPD benefits. It is derived from the worker's average weekly wage ("AWW").

For TTD and PPD benefits, the compensation rate is calculated by taking 2/3 of the AWW.

For TPD benefits, the compensation rate is calculated by comparing the AWW of the injured worker prior to the accident to the AWW after the accident. The precise compensation rate is determined by taking 2/3 of the difference between the two AWW's. Thus, if the pre-accident AWW was $400.00, and the post-accident AWW was $300.00, then the compensation rate would be 2/3 of $100.00, or $66.67 (this amount would be paid by the insurer in addition to the worker's regular paycheck).