Only one job counts when calculating workers’ comp — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Only one job counts when calculating workers’ comp

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When an employee is hurt on the job, workers’ compensation payments are based on average weekly wages before the accident. But what if an employee has more than one job?

It hardly seems fair for one employer to have to pay for workers’ comp benefits based on pay at other jobs. Fortunately, the North Carolina Court of Appeals agrees.

Recent case: Stanley Barrett was a stuntman until he hurt his back doing a stunt. He filed a workers’ comp claim and wanted his weekly earnings average to include everything he had earned in a year while working on several stunt projects for different companies.

The North Carolina Court of Appeals agreed with the employer and excluded earnings from other employers. (Barrett v. All Payment Services, No. COA09-541, North Carolina Court of Appeals, 2009)

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