Stephen Hasner | Workers' Compensation | January 14, 2026
Many Atlanta workers rely on multiple jobs to make ends meet, whether that means full-time weekday work, part-time evening shifts, or weekend gig work. When you are injured at one job, that injury can keep you from working all of them, putting your entire income at risk.
Insurance companies often claim they only have to pay for lost wages from the job where the injury occurred, but that is not always correct. Georgia law may allow you to include wages from every similar job you held at the time of the injury, potentially increasing your weekly benefits by hundreds of dollars.
Because insurers routinely challenge these claims, you need an experienced Atlanta workers’ compensation lawyer to prove concurrent employment and work to secure the full amount of lost income you may be entitled to.
If an injury at one job has cut off income from multiple jobs, Hasner Law is here to help. Our team is committed to protecting your earning capacity. Call 678-888-HURT (4878) for a free case evaluation.
Key Takeaways on Workers’ Comp with Multiple Jobs
- Georgia law allows for the inclusion of wages from a second, concurrent job when calculating your workers’ compensation benefits.
- The key legal requirement is that your second job must be similar to the one where you were injured. The definition of similar can be a major point of dispute.
- You must provide clear documentation, such as pay stubs and tax records, for all jobs to prove your total pre-injury income.
- Insurance companies frequently challenge these claims by arguing the jobs are dissimilar or by miscalculating your total Average Weekly Wage (AWW).
- An experienced Atlanta workers’ compensation lawyer is essential to gather the right evidence and build a strong argument for the inclusion of all your wages.
How Georgia Law Calculates Benefits for Workers with Multiple Jobs
All your potential income benefits in a workers’ compensation claim are based on a single, vital number: your Average Weekly Wage (AWW). This figure is supposed to represent your average gross earnings before the accident.
Weekly benefits are typically calculated at two-thirds of your AWW. An error in this calculation can cost you hundreds of dollars a week and thousands over the life of your claim.
Understanding Georgia’s Concurrent Similar Employment Rule
Georgia law recognizes that many people have more than one job. The law that governs the AWW calculation, Official Code of Georgia Annotated (O.C.G.A.) § 34-9-260, contains a specific provision for concurrent employment. It states that if the injured employee’s second job is similar to the job where the injury occurred, the wages from both jobs can be combined to establish a higher AWW.
The law is designed to compensate you for your total lost earning capacity. The logic is that an injury that prevents you from doing one job will likely prevent you from doing a similar type of job as well.
To rely on this rule, your attorney must establish several legal elements under Georgia workers’ compensation law. The insurance company for the employer where you were hurt is responsible for paying benefits based on your combined income.
- You must have been working both jobs at the time of the injury.
- Both jobs must be covered by the Georgia Workers’ Compensation Act.
- The second job must be legally defined as similar to the primary job.
- You must have lost wages from both jobs as a result of the work injury.
Successfully proving each of these elements is vital to securing the full benefits you may be entitled to.
Proving Your Jobs Are Similar Under Georgia Law
The entire issue of combining wages often comes down to the interpretation of one word: similar. Insurance companies will almost always take the narrowest possible view, arguing that unless your two jobs are identical, they cannot be combined. This is not what the law says. An experienced Atlanta workers’ compensation lawyer can build a case showing the substantial similarities between your jobs.
Factors Used to Establish Job Similarity in Georgia
Courts do not require jobs to be identical, only similar. The analysis focuses on the actual work you perform, not just your job titles. A judge will look at the physical demands and skills required for each position.
A knowledgeable attorney will identify the functional similarities between your positions and present the evidence needed to support a finding of similar employment.
- Physical Exertion: Do both jobs require heavy lifting, prolonged standing, or repetitive motions?
- Skills and Training: Do both jobs utilize the same set of skills, such as operating machinery or using specific tools?
- Work Environment: Are both jobs performed in a similar setting, like a construction site or a warehouse?
- Functional Requirements: Do both jobs require a similar level of mobility, dexterity, or endurance?
For example, a person working as a stocker for a grocery store and a package handler for a delivery service would likely have similar jobs because both involve physical labor and lifting.
Documenting Your Total Income for a Workers’ Comp Claim
To combine your wages, you must provide concrete evidence of your earnings from all jobs. You cannot rely on estimates or verbal statements. The insurance company will demand official documentation to support your claim.
What Documents Your Atlanta Workers’ Compensation Lawyer Needs
Your Atlanta workers’ compensation lawyer will help you gather and organize the necessary paperwork to create a clear financial picture for the insurance company and the court. This is a critical step in the process.
Solid financial records are the foundation of a successful concurrent employment claim. Start gathering these documents as soon as possible after your injury.
- Pay stubs for the 13 weeks prior to your injury from all employers.
- Your W-2 or 1099 forms from the previous year.
- Copies of your recent tax returns.
- Any contracts or employment agreements you have.
This documentation removes any guesswork and provides the hard numbers needed to calculate your AWW accurately.
How Insurance Companies Fight Concurrent Employment Claims
Insurance companies are businesses, and their primary goal is to minimize payouts. When faced with a concurrent employment claim, they have a playbook of tactics to reduce or deny the inclusion of your second job’s wages.
Common Arguments Insurers Use to Deny Combined Wages
The most common tactic is to aggressively argue that your jobs are not similar. They will dissect your job duties, looking for any minor difference to exploit.
They might claim that because one job involves customer service and the other does not, they are dissimilar, even if both require you to be on your feet all day.
Insurers often scrutinize concurrent employment claims closely and may look for grounds to argue that wages from your second job should not be included. Being aware of their common arguments helps you and your Atlanta workers’ compensation lawyer prepare a strong rebuttal.
- They will downplay the physical requirements of one job.
- They will focus on differences in job titles rather than actual duties.
- They will misinterpret Georgia case law on what constitutes similar work.
- They will issue a denial and hope you do not have a lawyer to fight back.
An experienced Atlanta workers’ compensation lawyer has faced these arguments countless times and knows how to counter them effectively.
Why You Need an Atlanta Workers’ Compensation Lawyer for Your Concurrent Employment Claim
When you work multiple jobs, every dollar from every source counts. An insurance company that ignores your second or third job is not just making a small miscalculation; they are fundamentally undervaluing your contribution and your loss.
At Hasner Law, we understand what is at stake. We aggressively pursue the full and fair calculation of our clients’ wages because we know that is the only way to provide true financial stability during recovery.
Our firm is built for this fight. With over 80 years of combined experience focused on Georgia workers’ compensation law, we have a deep understanding of the legal nuances of concurrent employment.
We begin by conducting a meticulous audit of your entire work history. We know that a successful claim for combined wages requires a detailed and strategic approach.
Our legal team takes several important steps to build your case. An expert Atlanta workers’ compensation lawyer will handle this process for you.
- Investigate the specific duties of each of your jobs.
- Gather all relevant financial documents to prove your complete earnings.
- Research Georgia case law related to similar employment.
- Anticipate and prepare for the insurance company’s arguments against you.
- Negotiate aggressively for a settlement that reflects your total lost income.
We know the arguments insurers use to claim jobs are dissimilar, and we are prepared to counter them with legal precedent and expert analysis. Our commitment is to ensure your benefit check reflects the reality of your hard work.
FAQs for Atlanta Workers’ Compensation Lawyers
What if my second job was as an independent contractor or gig worker?
This complicates things but does not automatically disqualify you. If your gig work, like driving for a rideshare company, is found to be substantially similar to your primary job, the income may still be included. However, you must prove your net earnings after expenses, and the insurer will likely fight this vigorously.
Does the employer where I was injured know about my second job?
It does not matter whether your primary employer knew about your second job. Your right to combine wages is based on the law, not on your employer’s awareness of your other work.
What happens if I was hurt at my part-time job instead of my full-time one?
The calculation works the same way. If you are injured at a part-time job and it prevents you from working at a similar full-time job, you may be able to combine the wages from both. The insurance company for the part-time employer would be responsible for paying benefits based on your total combined AWW.
How far back do I need to provide pay stubs?
The law generally looks at the 13-week period immediately preceding your injury. You should gather all pay stubs from all jobs for at least this period. If your pay varied significantly, providing records from a longer period might also be helpful.
Is there a deadline to make a claim for concurrent employment?
You should notify your attorney about your concurrent employment from the very beginning. The claim for combined wages is part of your overall workers’ compensation claim, which must be filed within one year of your injury date, as required by the Georgia State Board of Workers’ Compensation.
Secure the Full Benefits That Reflect Your Hard Work
When you work multiple jobs to make ends meet, an injury at one job can cause a total financial collapse. You have the right to seek benefits that reflect your complete earning capacity, not just a fraction of it. The law in Georgia provides this protection, but insurance companies will do everything in their power to prevent you from using it.
Do not let an insurance adjuster devalue your hard work. Engage a legal advocate who will fight for every dollar you are legally entitled to seek. Contact the dedicated Atlanta workers’ compensation lawyer team at Hasner Law.
We will analyze your case, build a powerful argument for your total wages, and fight for the full benefits your family needs. Call us at 678-888-HURT (4878) for a free consultation. You pay nothing unless we win.
