Workers Comp Benefits for Seasonal Workers

[myAnkleHurts]

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?

[tony]

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

[complwyr]

"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.