In today’s economy it is not unusual for hard working people to hold a second, and sometimes even a third job. What happens if such a person is injured while at work under these circumstances?
The Massachusetts Workers Compensation Act recognizes that all wages from all covered employment held by an injured worker must be included in the calculation of that injured worker’s average weekly wage (AWW). This is extremely important as the amount of the weekly workers’ compensation payments is based upon the injured employee’s average weekly wage on the date of the industrial accident. An injured employee who is totally disabled is entitled to receive 60% of that average wage. It is quite apparent that the proper calculation of the average weekly wage is crucial to maximize an injured worker’s weekly payments.
If a person who holds more than one job is injured while at work at one of these jobs, then the gross wages from each job is included in the AWW. Concurrent employment, therefore, must be utilized in the construction of the proper weekly compensation check. Compensation payments are not limited to solely the gross wages for the job at which one was working when injured, but all wages from all sources on the date of injury. The is true even if the person is injured while working at a part-time job provided that the part time job is covered under the Workers’ Compensation Act. Under those circumstances the wages from the full time job are added to the part time earnings to calculate the AWW.
It is easy to see that the addition of wages from all sources of income has a significant impact upon how large a payment one receives when injured on either his or her full time or part time job. Do not accept a feeble explanation that weekly workers’ compensation is limited to wages at the job where injured. It is important to remember that the Workers’ Compensation Act is designed to provide wage replacement from all jobs, not just the one at which the disabled employee was working when injured.
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