If I'm receiving unemployment benefits, how will that affect my workers' comp claim?

Any unemployment benefits received while you are entitled to either TTD or TPD benefits will be deducted from your workers' comp benefits (note that a credit cannot be taken by the Employer against any PPD benefits).  In other words, injured workers are not entitled to a "windfall" or a double award of weekly benefits.

For example, if your compensation rate is $400.00 per week, and you are also receiving $300.00 per week in unemployment benefits, you would only be entitled to receive $100.00 per week in workers' comp benefits.

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.

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.

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!