Legal Question in Workers Comp in Georgia

Re: second job under workmans comp

You are asking a question relating to a federal workers' compensation question. I am not certain if the rule in the State of Georgia is the same as under Federal law, but, assuming it is. The income in a second job is included in determing the average weekly wage, only if, the second job is both concurrent and similar. It in most cases would result in a higher average weekly wage, if both conditions are met, and therefore, theoretically, you are compensated for the loss of wage on both positions, assuming the single injury prevents you from working both jobs. As a practical matter, however, because the statute limits the percentage and the maximum indemnity to be recovered, it is often the case that you really do not recover a higher amount. Clear as mud, right?

The higher weekly average often does come into play, when, and if, after returning to work, you earn less than the pre-injury average. In that case the TPD rate kicks in at a much higher amount because both jobs are combined for the average weekly wage, from which the new wage is subtracted to determine the amount subject to the act. In simple terms, you are more likely to max out at the highest TPD rate.

In summary, the lost income from the second job is considered, but only if the second job is both concurrent and similar.