You may be entitled to workers’ compensation benefits if you are injured on the job, and weekly payouts may be available depending on your case. Many Americans have found they need more than one job to make ends meet. You don’t have to panic if you have multiple jobs and sustain a workplace injury. Even with multiple employers and different workers’ comp insurance arrangements, receiving workers’ compensation benefits is still possible. However, some issues could complicate matters.
If you are juggling two or more jobs and an injury is keeping you off the clock, talk to Luxenberg Garbett Kelly & George P.C. Our Western Pennsylvania workers’ compensation lawyers can review your situation, explain how second jobs might affect wage calculations, and handle the paperwork so you can focus on healing. Contact us today at (724) 658-8535 to schedule a free consultation. You can get clear answers, a practical plan, and steady support from people who care about your recovery.
Workers’ Compensation and Concurrent Employment
Workplace injuries are a common occurrence, with private-industry employers reporting 2.6 million nonfatal job-related injuries and illnesses in 2023. Concurrent employment, defined as having two or more jobs with different companies or the same company, is common.
If you have two jobs and a workplace injury prevents you from working, you may wonder if you can receive compensation for both lost incomes. Eligibility turns on whether you are legally an employee under Pennsylvania law.
You must notify your employer of a work injury within 120 days (and within 21 days to receive benefits from the date of injury). Separately, if your claim is denied, you generally have three years from the date of injury to file a Claim Petition. Be prepared to provide pay stubs and tax forms from all employers so your average weekly wage reflects concurrent earnings.
How Does Workers’ Compensation Work When You Have Two Jobs?
In Pennsylvania, if you’re injured while working for one employer, that employer (and its insurer) is responsible for your claim. Your wage-loss rate is based on the combined earnings from all your jobs at the time of injury, meaning your average weekly wage can include income from a second job even if you were hurt at the first.
Courts have confirmed you don’t need to have been working both jobs that day; what matters is that the secondary employment relationship was “sufficiently intact.” Each employer should complete a Statement of Wages (LIBC-494) so the adjuster can calculate a combined average weekly wage.
When Does a Secondary Job Count Toward Your Benefits?
Your second job counts when you held it at the time of your work injury, and the relationship with that employer was active. In Pennsylvania, this is called concurrent employment. Your lost wage benefits are based on combined earnings from both jobs, which are used to set your average weekly wage under Section 309 of the Workers’ Compensation Act.
You do not need to be physically at the second job on the day you got hurt. Courts look at whether your connection to that employer was sufficiently intact, for example, you were on the roster, scheduled, or working before and after the injury. If this is true, those wages should be included.
A secondary job usually will not count if it ended before the injury, if you were on a true layoff with no ongoing relationship, or if the work is as an independent contractor. Contractor income is generally outside the Act, so it does not increase your weekly rate.
Tell the insurer about every employer and gather pay stubs or payroll printouts. Pennsylvania’s LIBC-494 Statement of Wages instructions state that a separate form must be completed for each concurrent employer and submitted together so the adjuster can combine your totals.
A workers’ compensation attorney can step in. Our team can confirm your employment status, secure missing payroll from employers, seek the correct average weekly wage, add an employer to the case when needed, and appeal if an insurer leaves out your secondary income. That way, you are not paid less than you should be.
Western Pennsylvania Workers’ Compensation Lawyers – Luxenberg Garbett Kelly & George P.C.
Lawrence M. Kelly
A hometown trial lawyer and community fixture, Larry Kelly blends local insight with seasoned courtroom skill to help injured workers and their families secure the benefits and compensation they deserve. Clients appreciate his straightforward guidance, responsiveness, and the personal investment he brings to every case.
- Certified: Board Certified Civil Trial Specialist (NBTA)
- Leadership & Service: Past President, PAJ (2024); Past President, WPTLA; Disciplinary Board, Supreme Court of Pennsylvania (2013–2018)
- Honors: Pennsylvania Super Lawyers (2006–2024); Top 50: Pittsburgh Super Lawyers (2019–2024); AV Preeminent (2024); NADC Top 1% (2024); National Trial Lawyers Top 100 (2024); AIOPIA “10 Best” (2024); Attorney & Practice Magazine “Top 10 PI” (2024)
- Bar & Courts: Pennsylvania (1983); U.S. District Court, W.D. Pa.; U.S. Court of Appeals, Third Circuit
- Education & Memberships: J.D., University of Akron (cum laude, 1983); PBA; AAJ; NBTA
- Practice Focus: Workers’ Compensation; Personal Injury
Joseph A. George
Joe George is a results-driven advocate for workers facing lost wages, medical bills, and uncertainty after an injury. He pairs a thorough case investigation with clear, compassionate counsel to move claims forward efficiently.
- Practice Focus: Workers’ compensation; motor vehicle accidents; medical malpractice; personal injury
- Peer Recognition: Pennsylvania Super Lawyers (2018–2025); AV Preeminent (Martindale-Hubbell)
- National Distinctions: The National Trial Lawyers Top 100; Fellow, American Bar Foundation (since 2024); Nation’s Top One Percent (NADC)
- Memberships: PBA; PAJ; WPTLA; ABA; AAJ
How Can Hiring a Workers’ Compensation Lawyer Help
Hiring an experienced workers’ compensation lawyer is the perfect place to start when building a compensation case. An attorney plays an important role in developing a plan for a workers’ compensation case. They help clients confidently navigate the legal system by ensuring each piece of the case is handled properly.
Hiring an experienced workers’ compensation lawyer can help you:
- Navigate the legal system to get the compensation you are entitled to.
- Fight for all entitled benefits, including benefits for concurrent employment.
- Represent you in court if needed.
A skilled lawyer can ease a tedious and confusing process while ensuring that the compensation you receive for your injury is fair and just. Navigating the workers’ compensation process can be tedious and confusing, particularly if your employer disputes your claim.
| Factor | Explanation | Example |
|---|---|---|
| Concurrent employment | Having more than one active job at the time of injury. | Working part-time at a retail store while also employed full-time at a warehouse. |
| Inclusion of wages | Wages from all concurrent jobs are added to determine your average weekly wage. | $600 from Job A + $400 from Job B = $1,000 average weekly wage. |
| Required form | Each employer must complete a Statement of Wages (LIBC-494). | Two employers = two LIBC-494 forms submitted together. |
| Time limits | Notify employer within 120 days; if denied, you generally have 3 years to file a claim. | Reporting within 21 days allows benefits from the injury date. |
| Benefit rate | Generally two-thirds of your average weekly wage, subject to state limits. | Maximum weekly benefit in 2025: $1,347. |
Why Choose Luxenberg Garbett Kelly & George?
If you have been injured at work and have questions about a potential workers’ compensation claim, Luxenberg Garbett Kelly & George is here to help. Our team of experienced lawyers is dedicated to helping injured workers get the compensation they deserve. We have decades of experience representing clients in a variety of industries.
An experienced workers’ compensation lawyer can help you manage the challenges of a concurrent employment claim and work toward a positive result. If you have questions about your specific situation, do not hesitate to contact Luxenberg Garbett Kelly & George at (724) 658-8535 to schedule a consultation.
