Legal Question in Workers Comp in Michigan

Two jobs - loss of income

I have two jobs - one a full time job with benefits and the second a contingent job with no benefits. I have a regular income from both jobs. I was injured while working at my full-time job location and am under treatment.

I am getting $ 706.00 per week , which is the maximum I can receive from Workers Compensation in Michigan, based on my salary from my full-time job.

Can I claim loss of income from my part-time job also and receive any compensation from Worker--name removed--Comp?


Asked on 1/19/07, 2:22 pm

1 Answer from Attorneys

William Stern William Stern, P.C.

Re: Two jobs - loss of income

This portion of the workers' compensation act is addressed by MCL 418.372(1) that says if a worker was engaged in more than 1 employment at the time of injury, the employer in whose employment the injury occurred is liable for the medical benefits. However, the weekly wage loss benefits are apportioned as follows:

If the employment which caused the injury provided 80% or less of the employee's average weekly wage (AWW), the two employer's share in the comp benefit in proportion to what they paid. Therefore, you have to take the two wages from both employer's, add them together and see if the employer where you were hurt provided 80% or less of the AWW. If there is a possibility of obtaining more comp, then you have to file a petition and this brings in the 2nd Injury Fund from the State of Michigan. You should most likely do this through a lawyer who specializes in workers' compensation. If your injury occurred in Wayne, Oakland, Macomb, or Washtenaw County, give me a call. William S. Stern

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Answered on 1/19/07, 3:19 pm


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