Can My Husband Get Workers' Comp Benefits for Two Different Jobs?

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Getting Benefits for Both Jobs is Called Wage Stacking and You Can Do It In DC

Question: My husband works two jobs. He was hurt at work in D.C. on his first job and now can't do the second job either because of his injury. Can he get workers comp benefits for both jobs?

Answer: Yes. 

Your husband's average weekly wage and workers compensation benefit rate (also called temporary total disability or TTD) should include his wages or salary from both jobs.

Here's how it works: 
Say he worked construction in D.C. and fractured his ankle on the job.  He can't go back to work as a construction worker because he can't lift or carry much and can't walk around the jobsite, but he was also working every weekend at a garage fixing cars and he can't do that job either because of his fractured ankle.

If he's making $900.00 per week as a construction worker and $300.00 as a mechanic, his average weekly wage should be $1,200.00, so his workers comp benefits would be $800.00.

Maryland and Virginia are different - Maryland workers compensation doesn't generally allow wages to be stacked and Virginia requires the second job be in the same "trade, business or occupation" as the first. 
But in Washington, DC there are not the same limits to what they call "wage stacking" -- so don't forget to include your wages from both jobs when you file your husband's claim.

Do you have more questions about DC Workers' Comp? Give us a call today at 202-393-33200 and order our free comprehensive book all about DC workers' compensation. 

 

Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer