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).

Quick Definitions: "TPD Benefits"

"TPD" is short for Temporary Partial Disability. This is a type of weekly income benefit that may be payable after a work accident. It is "temporary" because there's a cap on the number of weeks that these benefits can be received by the injured worker, and it's "partial" because they're payable when the injured worker's ability to work a full schedule has been diminished--such as when you're only able to work 20 hours per week instead of 40. They are designed to compensate the injured worker for the partial loss of income as a result of the work injury.

For more information on this type of benefit, please look here. To compare to TTD benefits, please look here.

Quick Definitions: "TTD Benefits"

"TTD" is short for Temporary Total Disability. This is a type of weekly income benefit that may be payable after a work accident. These benefits are designed to compensate the injured worker for the loss of income as a result of the work accident. They are "temporary" because there's a cap on the number of weeks that these benefits can be received by the injured worker, and they're "total" because they're payable when the injured worker cannot work in any capacity.

For more information on this type of benefit, please look here or here.

Did You Know? (TTD Benefits Edition, Part 1)

Did you know that there is a cap/limit on the amount of TTD benefits you can receive per week? For injuries occurring on or after July 1, 2007, the maximum amount an injured worker can receive is $500.00 per week.  This maximum applies even if you're making Bill Gates' salary. For injuries occurring prior to July 1, 2007, the maximum amount is less than $500.00 and is dependent upon the date of accident (the Georgia legislature changes the maximum amount every several years).

Computing Average Weekly Wage

In the event that you suffer an on-the-job injury, it is important to understand both the kinds of benefits to which you are entitled, as well as how to calculate such benefits. Unfortunately, insurance adjusters will occasionally make errors in calculating the amount of benefits which are due to an injured employee, so an understanding of how your benefits are calculated can be a valuable asset if you’ve been hurt at work. This post will very briefly discuss the three (3) methods by which an injured worker’s “average weekly wage” (AWW) is computed under Georgia law.

To determine the amount due to an injured worker for either TTD or TPD benefits (please see my previous post regarding TTD and TPD benefits), the worker’s AWW must first be computed. In most situations, this figure is calculated by taking the average of the total gross wages (pre-tax) earned for the 13 weeks preceding the date of accident. What are the components of these gross wages? AWW encompasses “salary, hourly pay, tips, and the reasonable value of food, housing and other benefits furnished by the employer without charge to the employee which constitute a financial benefit to the employee and are capable of pecuniary calculation.” (Board Rule 260(a)). In other words, if an employee receives $15.00 in gas money each week, this amount will be added to his or her regular salary.

However, there are often situations in which an employee has not been working for substantially the whole of the 13 weeks prior to the injury (like if the employee was hired only 5 or 6 weeks prior to the accident). In those situations, the AWW can be computed by averaging a “similarly situated employee’s” gross wages for the 13 weeks preceding the date of accident. Ideally, a “similarly situated employee” is someone performing the same job, on the same shift, with the same wages.

If the above 2 methods cannot be used, the last method by which an AWW can be computed is by taking the full-time average weekly wage of the employee. In other words, if an employee is paid $10.00 per hour and a full-time work week is 40 hours, then the AWW would be $400.00 per week.

Tip:  Again, insurance adjusters will often make errors in calculating an employee’s AWW and will not take into full account all of the potential components of the employee’s gross wages. For this reason, it is important to have an attorney on your side to help you maximize your weekly benefit while you recover from a work injury. Should you have any questions regarding any of the above, please let us know.

Overview of TTD and TPD Benefits

In Georgia, there are three (3) kinds of benefits which may be payable to a worker that has suffered an on-the-job accident, each payable weekly. This post will very briefly discuss two (2) of the three (3) types of such benefits: Temporary Total Disability (TTD) and Temporary Partial Disability (TPD). These benefits are dubbed “temporary” by the law because a cap is placed on the number of weeks an injured worker can receive them, which is discussed more fully below. The third type of benefits, Permanent Partial Disability (PPD), will be discussed in a later post.

At the outset, it is important to note that the term “disability” as used in the context of TTD and TPD benefits is defined as being a “diminution in earning capacity.” In other words, an injury which lessens or decreases your ability to earn money at your job is considered a “disability.”

TTD Benefits

As the name suggests, TTD benefits are due to an injured worker when his or her earning capacity has been “totally” impaired; meaning, he or she cannot return to work and is not making any money because of the injury. TTD benefits are computed by taking 2/3 of the worker’s average weekly wage (calculation of average weekly wage is discussed here). However, the maximum amount of TTD benefits which can be received each week is determined by the date of the work accident. Currently, the maximum compensation rate is $500.00 per week (thus, even if a worker’s AWW is $1,500.00 per week, he or she is only entitled to $500.00 per week in TTD benefits). Also, an injured worker can receive TTD benefits for a maximum of 400 weeks from the date of injury (unless the injury becomes “catastrophic,” which will be discussed in a later post).

TPD Benefits

Alternatively, if a worker has not been completely disabled and is able to return to work in a limited capacity (working fewer hours), or if he or she has been placed in a “light-” or “modified-duty” job which pays less than the job he or she held prior to the injury, TPD benefits come into play. If there is a loss in wages after the injury, the worker is entitled to recover 2/3 of the difference between the AWW wage before the injury and the AWW after the injury. However, TPD benefits are currently capped at $334.00 per week, and cannot be received for longer than 350 weeks from the date of injury. (Example: pre-injury AWW is $400.00 and post-injury AWW is $300.00. Worker is entitled to $66.67 of TPD each week, which is 2/3 of $100.00).

This can obviously get complicated, so if you have any questions, please let me know!

I was hurt at work. When can I receive workers' comp benefits?

In the event that you are injured on the job, you’re not automatically entitled to workers’ compensation benefits (other than medical treatment) for the first, second, or third day you miss work because of the injury. How many days do you have to wait before you can receive income benefits? In Georgia, a 7-day “waiting period” must elapse before an injured worker is entitled to income benefits.

Notably, the law counts all calendar days as a part of this waiting period (not just work days), and the days do NOT have to be consecutive. In other words, if you’re injured on a Monday, are out of work on Tuesday and Wednesday, return to work on Thursday, and then go out of work again on Friday, the computation of the waiting period would pick back up on Friday (Friday would be the 3rd day missed). On the 8th day missed due to your injury, your employer is required to start paying you income benefits.

So, now you've missed 7 days because of the injury and you're receiving income benefits. When do you get paid for those first 7 days you missed (the "waiting period")? The law in Georgia states that once an injured worker has missed 21 consecutive days due to his or her injury, the employer is required to retroactively pay income benefits for the first 7 days of disability after the injury.

To sum up, an injured worker must miss a total of 7 days, which don’t have to be consecutive, due to the injury before the employer is required to pay income benefits (again, medical care is provided without having to wait). Furthermore, in order to be entitled to income benefits for the first seven days of disability, the injured worker must miss 21 consecutive days.