Here's the scenario:
Steve works for No Leaks Plumbing as a plumber. He also works part time as a bartender at Ps and Qs,Pub on the weekends. While Steve is working to loosen a pipe under a sink at a customer's home (working for No Leaks Plumbing), he injures his right shoulder. After going for treatment, he is given one-handed restrictions. The good news is, No Leaks Plumbing is insured with Eastern Alliance and has a solid return to wellness program. No Leaks Plumbing can bring Steve back the following day to work within his restrictions. Unfortunately, Ps and Qs Pub cannot.
What's the big deal, right?
Well, if the state that Steve files a claim in considers concurrent employment wages as part of the claim, then it can have implications for No Leaks Plumbing.
When calculating the compensation Steve is due as part of his injury, the claim representative would obtain wage information from No Leaks Plumbing and Ps and Qs Pub. These wages would be combined to determine Steve's pre-injury average weekly wage (AWW). Based upon the AWW, Steve's compensation rate, or temporary total disability rate, would be roughly 66 2/3% of the average weekly wage.
Let's say Steve makes $1000 per week at No Leaks. He makes $200 working at Ps and Qs Pub. One may think that since Steve is working for No Leaks without a loss of earnings, his wages from Ps and Qs Pub wouldn't matter. That is incorrect.
Steve's AWW would be $1200. If Steve is able to earn his pre-injury hours, earning his pre-injury wages on modified duty, the compensation carrier would still owe Steve 2/3s of the difference between his post-injury earnings and his pre-injury average weekly wage. In this example, it would be $1200 (AWW) - $1000 (wages working modified duty) = $200. 66 2/3% of $200 = $133.33. Steve would receive a paycheck from No Leaks, and a temporary partial disability (TPD) check for a percentage of his lost wages from Ps and Qs Pub, in the amount of $133.33.
This puts No Leaks in a difficult position. They support modified duty but Ps and Qs Pub does not. The claim representative can attempt to work with Ps and Qs to bring the injured worker back to modified duty, but the pub really has no reason to, other than to have an employee performing some type of work.
Keep in mind, as long as an injured worker's earning capacity is reduced, due to the work injury, then there is likely going to be benefits due to that worker.
What can be done in this situation?
- The claim representative can encourage the injured worker to discuss modified duty with their concurrent employer
- Obtain a job description from the other employer to help the treating physician determine what the injured worker can safely do at the pub.
- The primary employer (No Leaks) could consider placing the injured worker at a local not-for-profit organization through transitional duty to reduce exposure under the claim, rather than simply paying the injured worker their pre-injury wages.
- If all attempts fail to bring the injured worker back to work at the other employer, the primary employer (No Leaks) may be forced to cover the secondary employer's wages until the injured worker is recovered to perform the work at the pub.
