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 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 693
E. Central Street
Suite 128 Suite
201
Hyde Park, MA 02136 Franklin,
MA 02038
(617) 361-5310 (508)
528-8885
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