Q: Can WC ins pay only the difference of what they owe u by subtracting ur wage from a 2nd job to = your total lost wages?
I've 2 jobs: 1 full-time where I was injured & 1: on-call. I've worked at both for 3 yrs. I've been receiving temp. dis. checks for the last 8 months from the full-time job & have been working at my on-call job within my claims dr.'s restrictions. I've informed the insurance company - that is hired solely for employees of my full-time job - as well as the doctors, of my on-call job & have kept them updated. Today the insurance company has informed me that they want to contact my on-call job to find out my wages there so they can pay me only the difference, instead of the total they owe me & have been paying me this whole time.
A: Your benefits are calculated based upon your Average Weekly Wage. This can be calculated multiple ways, but is usually your total earning for the year prior to your injury divided by 52. It gets more complicated when you have multiple jobs. Unless they are paying at a rate that accounts for both of your jobs, they do not get to subtract the wages for your second job. If they are paying at a rate that covers both jobs - then they get to subtract wages earned.
A: The answer is 'maybe' they can. Your wacky Assemblywoman and State Senator put in a law saying the very most you can get each week is $1206.92. (For 2017, it was just $1,164.51.) IF you received $1206.92 per week in February PLUS your wages from the second job, THEN YES the insurer is permitted to reduce your TTD for those weeks so you only get $1206.92 / week from all sources. I generally advise workers to 'sit out' on their second job while totally disabled from the first job; you do not want the adjuster to 'sue' your other employer for contribution claiming that any activity there prolonged your disability or increased your treatment at all. The way to avoid this mess is to stay off both jobs when you can, hurry and get well ASAP (selecting the best and most assertive physician from the MPN possible), and then get to Maximum Medical IMprovement before working both jobs again.
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