Legal Question in Workers Comp in Illinois

more than one job

I work two full time jobs. I was laid off from primary job. I continued to work at the secondary job. My knee was injured at secondary job. Resulting in needing surgery. I have learned that any day I might be called back to primary job. My questions are: Should my weekly disability be calculated from the wages I made at primary job during the year? The second question is, if I am called back during recovery will the secondary job be responsible for loss wages that could have been earned from primary job? Secondary job was fully aware that I worked both full time jobs.


Asked on 12/11/97, 9:49 am

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Comp injury, two jobs

I only know about the law of Pennsylvania, so you should see an attorney in your state to find out what the law there says. Every state has its own comp law.

In PA, disability benefits are figured on the "Average Weekly Wage" which depends on a very complicated formula. But there's an express section in the statute on "concurrent employment," where the wages for both jobs are figured in. It doesn't matter whether the second employer even knew about the other job.

So you may well be entitled to benefits figures on both jobs. However, there's also a maximum rate; in PA, that's about $500 per week. So no matter how much a person earns over $750 weekly, they won't get any increase in benefits, whether from one job, two or three.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 12/12/97, 1:46 pm


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