New Castle Workers’ Compensation Attorney Joseph A. George Explains Filing for Workers’ Comp With Two Jobs in Pennsylvania
NEW CASTLE, PA – Pennsylvania workers who hold more than one job at the time of a workplace injury may be entitled to higher wage loss benefits when earnings from both employers are factored into the calculation. New Castle workers’ compensation attorney Joseph A. George of Luxenberg Garbett Kelly & George P.C. (https://www.lgkg.com/can-i-file-for-workers-compensation-if-i-have-2-jobs/) explains how concurrent employment affects the average weekly wage calculation and what injured workers should do to protect their full benefit amount.
According to New Castle workers’ compensation attorney Joseph A. George, workers’ compensation wage-loss benefits may be calculated using earnings from both qualifying jobs, even if the injury happened at only one of them. Section 309 of the Pennsylvania Workers’ Compensation Act allows the average weekly wage to include income from a second job when that second job meets certain requirements under state law. “When concurrent employment is properly documented, the difference in weekly benefits can be significant, sometimes hundreds of dollars per week,” George explains.
New Castle workers’ compensation attorney Joseph A. George notes that each employer should complete a Statement of Wages form, known as the LIBC-494, so the adjuster can calculate a combined average weekly wage. If a worker has two employers, two separate LIBC-494 forms must be submitted together. For injuries occurring on or after January 1, 2026, the maximum weekly workers’ compensation benefit rate in Pennsylvania is $1,394.00, even if a combined average weekly wage would otherwise produce a higher benefit.
Lawrence M. Kelly, also a partner at the firm, points out that not every second job will automatically be included in the calculation. “If the second job is truly independent-contractor work, those earnings generally are not included in the average weekly wage,” Kelly notes. Tax forms can be useful evidence of employee status, but the legal relationship between the worker and the employer matters more than the W-2 or 1099 label alone.
George adds that the second job must have been active at the time of injury, though the worker does not need to be physically at the second job on the day the injury occurred. Pennsylvania courts examine whether the employment relationship was sufficiently intact at the time of injury, such as when the worker remained on the roster, had been scheduled, or worked before and after the date of injury. Documentation of pay stubs, W-2 forms, and tax returns from all employers is critical when the insurer evaluates concurrent earnings. Workers who are paid informally, without payroll records or tax withholding, often lose the benefit of a higher weekly rate because the wages cannot be documented in the manner the insurer requires.
The firm represents injured workers throughout Lawrence County, Allegheny County, Butler County, and other Western Pennsylvania communities. Attorney George highlights that insurers sometimes try to reduce two-job benefits by excluding second-job wages, disputing employee status, or arguing that the second job was not active at the time of injury. Documentation gathered early in the claim is the best defense against these tactics.
“Pennsylvania law requires injured workers to notify their employer of a work injury within 120 days, with notice within 21 days needed to receive benefits backdated to the date of injury,” George advises. If a claim is denied and no agreement is reached, a Claim Petition generally must be filed within three years of the injury.
For Pennsylvania workers injured on the job who hold more than one position, gathering payroll records from each employer as early as possible can help establish the correct combined average weekly wage. Contacting a workers’ compensation attorney experienced with concurrent employment claims may help protect the full benefit amount injured workers are entitled to under the Act.
About Luxenberg Garbett Kelly & George P.C.:
Luxenberg Garbett Kelly & George P.C. is a New Castle, Pennsylvania-based law firm focused on representing injured workers in workers’ compensation and personal injury matters throughout Lawrence County and Western Pennsylvania. Led by attorneys Lawrence M. Kelly and Joseph A. George, the firm handles workplace injury claims, third-party liability cases, and detailed wage calculation disputes. For consultations, call (724) 658-8535.
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