California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    May 2010
    Posts
    2

    Default Injured at Work While Holding Two Jobs

    Hello all, I work two jobs, one at a coffee shop and also as a server. I injured my should, they think rotator cuff, at the coffee shop and was placed on workers comp. I am currently getting paid for my normal amount of hours that I worked at the coffee shop. My questions is should the workers comp also cover my second job as a server. If they do cover that job will they also pay me for my tips since that is how I make my living? Please let me know if you can help. Thanks a lot.

  2. #2
    Join Date
    May 2009
    Posts
    158

    Default Re: Two Jobs

    welcome...

    if the injury was caused by the higher paying job i do believe income from
    both would be used to determine two thirds 66% of the gross wages

    tips would be included providing you can show proof of the amounts you
    receive on a weekly basis.........monthly......yearly

    there is more to this stuff than what i have said here,,but this gives you
    something......
    the senior members here will give you more info....

    until then you can use the link above to ca w/comp resources for more
    info.....

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Two Jobs

    If the injury occured at the higher paying or lower paying job does not matter. TTD is calculated on your AWW/Average Weekly Wage as reported by your employER/s. If you disagree with the AWW, and you can support a higher amount, you'd be entitled to the highest rate your AWW can support.

    If the tips are not included in your AWW...meaning not reported for tax purposes, you wouldn't be able to prove you rec'd those dollars for TTD purposes.

    Question though...you say you worked at a ''coffee shop'', and also as a 'server', are there TWO employers here...or one ER and two job classifications ? Doesn't matter for AWW calculations...just asking for clarity.

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Injured at Work While Holding Two Jobs

    more bvia Baloney.

    if you are injured on the lower paying job it's hourly rate is used along with the total hours from both jobs.

  5. #5
    Join Date
    Jun 2007
    Posts
    340

    Default Re: Injured at Work While Holding Two Jobs

    Quote Quoting .SH View Post
    more bvia Baloney.

    if you are injured on the lower paying job it's hourly rate is used along with the total hours from both jobs.
    Not exactly true. As BvIA stated your TTD is based on actual earnings from all sources. This is from the frequently asked questions on the California Department of Workers Compensation website:

    Q: How is temporary disability calculated?
    A: As a general rule, you are paid two-thirds of your gross (pre-tax) wages at the time of injury, with minimum and maximum rates set by law. Your wages are figured out by using all forms of income you receive from work: wages, food, lodging, tips, commissions, overtime and bonuses. Wages can also include earnings from work you did at other jobs at the time you were injured. Give proof of these earnings to the claims administrator. The claims administrator will consider all forms of income when calculating your temporary disability benefits.

    You need to submit proof of all your earnings to the Claims Adjuster.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Injured at Work While Holding Two Jobs

    You should probably read the post before you step on you own tail...
    If the injury occured at the higher paying or lower paying job does not matter. TTD is calculated on your AWW/Average Weekly Wage as reported by your employER/s. If you disagree with the AWW, and you can support a higher amount, you'd be entitled to the highest rate your AWW can support.
    AWW is what determines TTD as well as TPD/PDAs.
    And were is your link to support that baloney?

  7. #7
    Join Date
    May 2010
    Posts
    2

    Default Re: Two Jobs

    Quote Quoting BvIA View Post
    If the injury occured at the higher paying or lower paying job does not matter. TTD is calculated on your AWW/Average Weekly Wage as reported by your employER/s. If you disagree with the AWW, and you can support a higher amount, you'd be entitled to the highest rate your AWW can support.

    If the tips are not included in your AWW...meaning not reported for tax purposes, you wouldn't be able to prove you rec'd those dollars for TTD purposes.

    Question though...you say you worked at a ''coffee shop'', and also as a 'server', are there TWO employers here...or one ER and two job classifications ? Doesn't matter for AWW calculations...just asking for clarity.
    They are two different jobs with two different employers. Hourly I make more at the coffee shop but with tips included I make more as a server. I hope that helps.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Two Jobs

    Thank you.
    Like I said, it doesn't matter that there are 2 jobs/employers... the AWW is calcualted using both wage statements.
    You will be paid the highest rate TTD your AWW will support. 2/3's of your AWW is the max rate for TTD.
    If your tips are not included in a check stub for tax purposes, you won't be seeing the tips used in calculating your AWW/TTD.

    Not for WC, UI/SDI, or SSA/SSDI benefits. ONLY the wages reported to the state/federal gov'ts are used to pay benefits.

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