Concurrent Employment in Georgia Workers’ Compensation

What Does “Concurrent Employment” Mean?

Concurrent employment simply means working more than one job at the same time. For example, you might have a full-time day job and a part-time evening job. If you get hurt at work, Georgia law allows consideration of your earnings from all jobs you held in the period before the injury – but only if the jobs are similar in nature. If the jobs are “dissimilar” (different in nature), then we refer to the situation as concurrent dissimilar employment, and the rules are different.

Concurrent similar employment: Your jobs are alike in general character (for instance, both involve similar duties or skills). Georgia will treat your wages from both jobs as one combined income for workers’ comp purposes. This can increase your benefit amount because all your earnings are counted together.

Concurrent dissimilar employment: Your jobs are different in nature, not similar. In this case, only the wages from the job where you were injured will be used to calculate your workers’ comp benefits. The income from the other, dissimilar job is not included in the compensation calculation. However, you’re generally allowed to keep working the other job and earn that income separately while you recover from the injury to your main job.

Impact on Wage Calculation and Benefit Amount

Georgia workers’ compensation pays income benefits based on your average weekly wage (AWW) before the injury. Typically, you receive about two-thirds of your average weekly wage as your weekly benefit (this is called the compensation rate), subject to state maximums. Here’s how concurrent employment can change that calculation:

If your jobs are similar

The wages from all similar concurrent employers must be included when calculating your average weekly wage. This means the insurance company will add together what you earned from both jobs in the weeks before your injury to determine your AWW. By increasing the wage base, your weekly benefit check (two-thirds of the AWW) will be higher. For example, if you earned $900 per week at the job where you were hurt and another $300 per week at a similar second job, your combined average weekly wage would be $1,200. You could then receive roughly $800 per week in workers’ comp benefits (which is 2/3 of $1,200) when you cannot work either job. All those wages are covered because the jobs are similar in nature.

If your jobs are dissimilar

Only the wages from the injured job count toward your AWW. The income from the other job is excluded from the calculation. Using the same earnings example above, with $900/week at the injury job and $300/week at a very different second job, your average weekly wage for compensation would be $900 (not $1,200). Your weekly benefit would be about $600 (two-thirds of $900). You would not receive compensation for the $300/week you lose from the second job if you can’t work it – because that job is considered dissimilar and not covered by the first job’s workers’ comp claim. However, if your injury doesn’t prevent you from continuing the second job, you are allowed to keep earning that $300/week from the other job while still collecting ~$600/week in comp benefits for the injured job. In total, you’d be making about $900/week (comp benefits + other job pay) during your recovery, which in this scenario is close to your pre-injury income.

It’s important to note that Georgia law doesn’t automatically combine your incomes from multiple jobs unless the jobs meet the “similar” test. Even if you can’t physically work your second job due to the injury, if that job is deemed dissimilar under the law, its wages won’t be included in the compensation calculation. This often surprises workers – you could be losing income from both jobs, but only one job’s wage loss is covered through workers’ comp if the second job is a completely different kind of work.

What Jobs Are Considered “Similar” vs. “Dissimilar”?

Whether jobs are similar or dissimilar depends on the nature of the work you do in each job. Georgia looks at the duties and tasks of the jobs, rather than just your job titles or the industry. The question is: Are the two jobs “of the same general nature”? If yes, they are considered concurrent similar employment. If not, they are concurrent dissimilar employment.

For example, a record clerk and a sales clerk are considered similar types of employment. Even though one might be in a hospital and one in a retail store, the duties (keeping records, assisting customers) are alike enough. By contrast, a case in Georgia found that a printing company worker (with clerical/production duties) who also had a side job as a courier was engaged in dissimilar jobs – even though both involved handling documents, the overall nature of the work was different.

Many Georgia workers hold physically demanding jobs like construction. If you have two jobs with similar physical duties, the law may treat them as “similar” concurrent employment, allowing combined wages for your benefit calculation. For instance, if you work in road construction during the day and also in another labor-intensive job (say, loading trucks on weekends), an injury that prevents you from doing heavy physical work would affect both positions. In such cases, Georgia law allows your wages from both jobs to be added together when figuring out your workers’ comp payments, since both jobs are of the same general kind.

On the other hand, if your second job is a more sedentary or completely different type of role (for example, an office assistant or a freelance graphic designer in the evenings), it will likely be treated as “dissimilar” employment. For example, an injured construction worker might still be able to do a part-time computer-based desk job while recovering, since the duties are so different. In this scenario, the desk job is concurrent dissimilar employment and is not factored into the workers’ comp wage calculation. Instead, you would only receive benefits based on the lost wages from your primary (construction) job, while continuing to earn your income from the second job separately. The two jobs don’t “combine” because one involves physical labor and the other is office work – very different in nature.

Key points to determine similarity

Georgia does not require the jobs to be identical, only that they are comparable in broad duties or skills. Working two security guard jobs, two driving jobs (e.g. bus driver for a school and bus driver for a tour company), or two retail jobs would generally be similar. Working a teaching job and a weekend catering job, or a nurse by day and Uber driver by night, would likely be viewed as dissimilar because the tasks and skills differ greatly. It ultimately comes down to the facts: the Board or a judge will compare what you actually do in each job. If your employer’s insurance company agrees the jobs are similar, they should voluntarily include the other job’s wages in your claim. If there’s a disagreement, a workers’ comp judge may have to decide if the jobs qualify as similar – this can be a gray area, so don’t be afraid to seek legal advice if you believe your jobs are similar and your benefits aren’t reflecting all your wages.

What Should You Do If You Have More Than One Job When Injured?

If you’re hurt at one of your jobs and you have another job (or jobs), here are steps to protect your rights and make sure your benefits are calculated correctly:

Report the injury to your primary employer immediately. Always inform the employer where you got hurt as soon as possible (Georgia law requires notice within 30 days). Failing to report timely can jeopardize your claim. If your injury will also keep you from working your other job, it’s wise to notify your second employer as well. They need to know why you won’t be coming in, even though that job’s insurance typically won’t be paying the benefits. This isn’t formally part of the workers’ comp claim, but it keeps your secondary employer informed about your situation.

Tell the workers’ comp adjuster or your attorney about all your jobs. When you file your claim (by filing a Form WC-14 “Notice of Claim” in Georgia), list every job you were working at the time of the injury. Also, when you speak to the insurance adjuster or nurse case manager, mention that you have another job. They may need this information to calculate your average weekly wage properly. Do not assume they know – it’s up to you to make it known that you had multiple employers.

Gather documentation of your wages and duties for each job.

This is very important. Start collecting pay stubs, W-2 forms, or any proof of income from your second job (and any other concurrent job) as soon as possible. You’ll also want to note your job title and job duties for the second job. If your goal is to have those wages included (because you believe the jobs are similar), you may need to demonstrate how the jobs are alike. For example, get a copy of your job description or write out the tasks you perform at each job. This evidence can help show the similarity in duties. Even if the jobs are dissimilar, you should still document the wages – you might not get compensation for that second job’s wages, but you’ll want a clear record of your total income for your own financial planning and in case any questions arise.

Ensure a proper wage calculation (Form WC-6). In Georgia, the employer/insurer should complete a wage statement (Form WC-6) that lists your earnings for the 13 weeks before the injury. If you have similar concurrent jobs and the insurance company agrees, they should include your other job’s wages on that form. Ask for a copy of the Form WC-6 and review it. Make sure it’s not just showing the wages from the one job if your situation qualifies for combined wages. If you see that your second job’s income is missing and you believe the jobs are similar, bring it up! You can point it out to the adjuster or your attorney. Sometimes it might be an oversight; other times they might dispute the similarity – either way, it’s important to address it early.

Follow medical advice about work restrictions for each job.

Let your treating workers’ comp doctor know what both of your jobs entail. The doctor needs to understand your full work situation. It’s possible you might be cleared to continue one type of work but not the other. For instance, your doctor might say “no heavy lifting, can do sedentary work only.” This would mean you can’t go back to your heavy-duty job, but you might be able to continue your light-duty second job if you have one. Getting this in writing is helpful. If you are able to keep working the second job, clear it with the doctor and inform the adjuster. You don’t want any confusion about you working another job; being upfront ensures you won’t later be accused of hiding employment.

Bottom line:

Consider consulting a workers’ compensation attorney. Concurrent employment issues can be tricky. If there is any dispute about whether your jobs are similar, or if you’re not sure the insurance company is calculating your benefit rate correctly, talk to an experienced workers’ comp lawyer. They can advise if you’re getting the correct amount. Remember, an incorrect average weekly wage can cost you money in every weekly check. An attorney can also help if you’re in the rare situation of being on “concurrent dissimilar employment” (working one job while receiving benefits for the other – see below), to make sure you do it by the book.

When you’re hurt on the job and you have more than one job, pay extra attention to how your benefits are calculated. Georgia’s concurrent employment rules can work in your favor if your jobs are similar – but you have to assert your right to include those wages. If the jobs are dissimilar, know the limitations: you won’t get paid for that second job’s lost wages, though you might be able to keep earning from it. Always be truthful about your work situation; hiding information or making assumptions can jeopardize your claim. When in doubt, seek guidance. The goal is to ensure you receive the maximum benefits you’re entitled to under Georgia law while staying within the rules. With the right approach, you can navigate concurrent dissimilar employment and still protect your##