Confused about workers’ comp when you have multiple jobs in Atlanta?
Learn how to calculate your wage loss benefits and maximize your workers’ comp claim.
Navigating a workers’ compensation claim in Georgia can be a complex process, especially when you’re juggling 2 or more jobs at the time of your injury. Understanding your rights and the steps you need to take is crucial for ensuring you receive the benefits you’re entitled to.
In this article, we’ll answer common questions and give you some valuable tips for filing a workers’ comp claim in Georgia when you have multiple jobs.
If you have further questions or need help with your claim, don’t hesitate to reach out to the skilled Atlanta workers’ compensation attorneys at Gerber & Elkins for a free consultation.
How does workers’ comp work if I have 2 jobs?
Workers’ compensation provides certain types of benefits when you get injured at work, but having 2 jobs can complicate things, depending on which state you live in.
Some states, like Georgia, allow you to recover indemnity benefits (wage loss benefits) from both jobs if your injury affects your ability to work at both. However, other states only cover the wages lost from the job where the injury occurred.
How are workers’ comp wage loss benefits calculated in Georgia after an injury if you have more than 1 job?
In Georgia, the wages from more than 1 job can be included in the calculation of your wage loss benefits, provided that each of your employers carries workers’ compensation insurance. This could potentially increase the amount of your benefits.
If you’re injured at a job and have a similar concurrent job, meaning the job duties are similar, you can recover wage replacement for both jobs if the injury prevents you from working.
However, if the jobs are dissimilar, you cannot receive wage replacement benefits for the second job, but you can work at that job and earn income while you receive workers’ compensation benefits.
Here’s an example of how 2 jobs factor into workers’ comp if you have similar concurrent jobs:
Let’s say you work as a construction worker in Georgia and also work part-time as a delivery driver for Amazon. You’re an employee at both jobs, and your employers are obligated to carry workers’ comp insurance since they both employ more than 3 workers.
One day, while on the construction site, you suffer a severe back injury that prevents you from performing your construction duties.
Since your duties as a construction worker and a delivery driver both involve physical labor and similar job functions, you’re eligible to recover wage replacement benefits for both jobs.
This means that your workers’ compensation claim will take into account the total income from both positions, providing a comprehensive wage replacement that reflects his combined earnings.
So, what happens if I have dissimilar concurrent jobs?
Let’s say instead of being a delivery driver, you work part-time as a freelance graphic designer.
The job duties between construction work and graphic design are quite different, and freelance work as an independent contractor is not covered under workers’ comp.
In this case, you cannot receive wage replacement benefits for your graphic design work. However, you are allowed to continue working as a graphic designer and earn income from that job while still receiving workers’ compensation benefits for your construction job.
Can I look for a new job while on workers’ comp?
Understand how Georgia’s workers’ compensation laws affect you if you switch jobs while receiving benefits.
How do I file a workers’ comp claim in Georgia if I have 2 jobs?
The process for filing a worker’s compensation claim in Georgia is similar regardless of how many jobs you have, but there are some additional aspects you should be aware of. These are the general steps:
- Report the injury immediately. Notify your employer at the job where the injury occurred as soon as possible. In Georgia, you are required to report the injury within 30 days, or you could lose your eligibility for benefits. If your injury will also prevent you from working at an additional job, you will need to notify your other employer as well.
- Seek medical attention. Next, obtain medical treatment from a doctor approved by your employer where the injury occurred. You should be given the option to choose between a few different doctors. Be sure to tell the doctor that your injury happened at work and keep detailed records of all your medical visits, treatments, and expenses.
- Document your employment. Gather documentation of your employment, including pay stubs and job descriptions for the job where the injury occurred and any additional concurrent jobs. Be ready to provide evidence showing the similarity of the job duties so you can collect wage replacement benefits from all applicable jobs where you were working before the accident.
- File a workers’ compensation claim. Complete and file Form WC-14, the “Notice of Claim,” with the Georgia State Board of Workers’ Compensation (SBWC) to begin the claims process. Submit the form to both your employer (where the injury occurred) and the SBWC. Once your employer’s insurance company approves your claim, you should start receiving wage loss benefits from any jobs covered under workers’ compensation in which your injury prevents you from working.
If your workers’ comp claim involves multiple jobs, you may want to consider consulting with an experienced workers’ compensation attorney before accepting a settlement offer from the insurance company.
An attorney can help ensure that your benefits are accurately calculated and advocate on your behalf if there are disputes or delays.
How workers’ compensation insurance companies calculate your settlement offer
Learn how Georgia insurers calculate the value of your work injury claim.
How might continuing to work a part-time job while on workers’ compensation impact my benefits in Georgia?
In Georgia, workers who are injured on the job and unable to work are typically entitled to two-thirds of their average weekly wages during their recoveries.
If you’re working 2 jobs when you get injured and can continue to work at 1 of the jobs during your recovery, then your wage loss benefits will be calculated according to the wages at the job where the injury occurred.
Here’s an example:
Let’s say you were earning $1,200 a week before your injury ($900 from your primary job where you were injured and $300 from your second job where you can continue to work during your recovery).
In this case, you would be entitled to about $600 a week in non-taxable workers’ comp benefits (two-thirds of $900) plus your wages at your second job ($300), for a total of $900 a week.
Because workers’ comp is not taxed, even though the compensation is less, it typically amounts to nearly the same take-home pay as when you were working both jobs.
Have questions about Georgia workers’ comp benefits when you have more than 1 job?
We can help!
Securing workers’ compensation benefits when you hold multiple jobs in Georgia can be a frustrating and confusing process. This article was intended to provide a helpful overview, but the specific details of your situation may require further guidance.
At Gerber & Elkins Workers’ Compensation Attorneys, our knowledgeable Atlanta work injury attorneys have extensive experience navigating claims involving multiple jobs. We can accurately calculate your benefits, handle all the paperwork, and negotiate with your employer and their insurance company to ensure you receive the full compensation you deserve.
Reach out to our office today to schedule a free consultation to learn more about your rights after a work injury and how we can help maximize your claim.
