Most people understand that a worker who is injured on the job is entitled to be paid disability for the wages that he is losing as a result of being unable to work due to his injuries.
But, what if that worker had another job (what is referred to as concurrent employment) at the time of his accident? How would the injured worker be properly compensated for the lost wages that occur when he had a second job?
Your Compensation is Based Upon
The Calculation of the Average Weekly Wage
The Massachusetts workers' compensation law provides that an injured worker is compensated for lost wages based upon the worker's average weekly wage.
An average weekly wage is determined by calculating the wages that the worker earned during the 52 weeks (or for however many weeks worked if less than 52 weeks) prior to the day of the accident.
If that worker had a second job at the time of the accident, those wages may be added to the wages earned at the job at which the worker was injured in order to come up with the average weekly wage.
Calculation of Total Disability Benefits
For example, if the employee earned $500.00 at the job on which he was injured and an additional $300.00 at another job, the average weekly wage would be $800.00. The injured worker would therefore be entitled to receive weekly workers' compensation total disability checks in the amount of $480.00 as the law provides that total disability compensation is 60% of the employee's average weekly wage.
Calculation of Partial Disability Benefits
Suppose in our example that the injured employee is able to return to the job on which he had the accident at the same amount of pay as before but is not able to return to the concurrent job. The injured worker would then be able to receive partial disability benefits.
As he would be losing $300.00 per week in income he could be compensated by receiving $180.00 ($300.00 x 60%) per week in partial disability benefits. The same would be true if he was able to return to his concurrent job but not the one on which he was injured, but in that case he would be losing $500.00 in income and could be compensated by receiving $300.00 ($500.00 x 60%) per week in workers' compensation partial disability benefits.
Many issues may arise in a workers' compensation claim. Even determining the average weekly wage and disability compensation rate can prove to be complicated, especially when concurrent wages are involved.
The Attorneys at Yellin Hyman have vast knowledge of the workers' compensation law and can be at your side to help guide you through the complicated issues of your workers' compensation claim.
Be certain to call us since we specialize in accidents in the workplace. Our firm handles all types of matters relating to Workers' Compensation, Social Security Disability and Personal Injury claims. Yellin and Hyman has an unprecedented record for winning higher claims for our clients. Call Us Today.
Yellin & Hyman, PC
1259 Hyde Park Avenue
Hyde Park, MA 02136
693 E. Central Street
Franklin, MA 02038