Results 1 to 3 of 3
  1. #1
    Join Date
    Jul 2015
    Posts
    1

    Exclamation Workers Comp Benefits for Seasonal Workers

    Hi Y'all,

    I recently was injured at summer job breaking my right ankle and suffering some severe joint injury. I work at a seasonal tourism company (Job A). I work full time June, July, August, and September. During the winter I work at a ski resort out of state (Job B), and fill in the gaps at another per diem job that I can come back to when I need it (Job C).

    After hurting my ankle in June I started getting workers comp, but the problem is that in Mass they average you earnings from over the last year to figure wage replacements and this does not include the wages I earned from Job B and Job C. So I am only getting about 70 dollars a week, not enough to pay my bills.

    I am not sure what to do, or what my options are. I can't work for at least another two months due to the nature of the injury. Can I claim disability? Unemployment? Is there any other way I can supplement my income through social security?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,059

    Default Re: Seasonal Worker on Workers Comp, Need Help, Mass

    but the problem is that in Mass they average you earnings from over the last year to figure wage replacements and this does not include the wages I earned from Job B and Job C.
    That's not correct.
    According to what I see "Concurrent employment, roughly defined as earnings from additional jobs with an employer covered
    by the workers’ compensation statute, usually is included in the calculation of an average weekly wage"

    2. Average Weekly Wage disability payments are based on the worker’s average weekly wage. The average weekly wage is usually calculated by averaging the fifty-two weeks prior to the employee’s date of injury. Overtime work and bonuses should be included in the calculation. Concurrent employment, roughly defined as earnings from additional jobs with an employer covered
    by the workers’ compensation statute, usually is included in the calculation of an average weekly wage.
    Some fringe benefits are included in the calculations but others are
    not. Lodging and transportation allowances are frequently included. Health insurance is not included.
    http://segalroitman.com/segal/wp-con...C_handbook.pdf

    See pg 11 in the below link.
    http://segalroitman.com/segal/wp-con...C_handbook.pdf

    You should consult an attorney to be sure you're getting a fair deal, sounds like you're getting screwed to me.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,760

    Default Re: Seasonal Worker on Workers Comp, Need Help, Mass

    "Concurrent" employment is when you have two jobs at the same time. Sequential seasonal jobs are not necessarily concurrent. Concurrent would be, I work full time Mon-Friday at job A and on the weekends I work at Job B. On Monday I go back to Job A. You are "concurrently" holding down and working both jobs during the same time period. Having said all that, I suspect your state will have an appellate case on point that explains how to calculate AWW in cases with facts like yours.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

Similar Threads

  1. Seasonal Workers and Workers' Comp
    By Nirvy in forum Washington
    Replies: 15
    Last Post: 11-10-2015, 10:57 AM
  2. Replies: 1
    Last Post: 05-12-2014, 06:56 PM
  3. Replies: 1
    Last Post: 07-01-2013, 02:50 PM
  4. Workers Comp Benefits and SDI
    By chata in forum California
    Replies: 3
    Last Post: 01-29-2011, 02:08 PM
  5. Will I Get Workers Comp Benefits
    By JADHHJR in forum Pennsylvania
    Replies: 1
    Last Post: 01-06-2010, 02:11 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer