If you work two jobs in Massachusetts, you probably do it for practical reasons. Rising costs, family responsibilities, or career transitions often mean balancing a full time role with part time or weekend work. Now imagine you are injured at one of those jobs and suddenly cannot work either position. Clients regularly ask us whether Massachusetts workers’ compensation will consider both incomes or only the job where the injury occurred. In a state where the Department of Industrial Accidents reports tens of thousands of work injury claims annually, understanding how wage replacement works for employees with multiple jobs is not academic. It directly affects whether you can pay rent, cover childcare, or keep up with medical bills while you recover.
Understanding Massachusetts Workers’ Compensation Law for Employees With Multiple Jobs
In Massachusetts, workers’ compensation is governed primarily by the Massachusetts Workers’ Compensation Act, Massachusetts General Laws Chapter 152. The statute establishes that employees injured in the course of employment are entitled to medical benefits and wage replacement regardless of fault.
Put simply, if you are hurt while performing your job duties, you are generally covered. This means part time workers, seasonal workers, and employees holding concurrent jobs are not automatically excluded. The legal issue becomes how your average weekly wage is calculated when you have more than one employer.
Under Massachusetts General Laws Chapter 152, §1(1), an employee’s average weekly wage forms the basis for calculating wage replacement benefits. The statute defines average weekly wage by looking at earnings during the 52 weeks prior to the injury. The practical question is whether earnings from both jobs are included in that calculation.
How Concurrent Employment Affects Wage Replacement in Massachusetts
Massachusetts recognizes the concept of concurrent employment. In real terms, this means that if you were working two jobs at the time of your injury, wages from both may be considered when determining your compensation rate, even if you were injured at only one of them.
However, this is not automatic in every situation. The key factors include whether both jobs were covered employment under Chapter 152 and whether you were actively working both positions at the time of the injury. If so, your total earnings may be combined to calculate your average weekly wage.
For example, imagine you work 40 hours a week at a warehouse and 15 hours a week at a retail store. If you suffer a serious injury at the warehouse and cannot work at either job, the law may allow your workers’ compensation benefits to reflect the wages from both employers. This can significantly increase your weekly benefit amount.
Under Massachusetts General Laws Chapter 152, §34, employees who are temporarily totally incapacitated are generally entitled to 60 percent of their average weekly wage, subject to statutory maximums. When both jobs are properly included in the wage calculation, that 60 percent figure is based on a higher combined income.
When Only One Job Counts Toward Benefits
There are circumstances where wages from a second job may not be included. These situations often arise when:
• The second job was not covered by Massachusetts workers’ compensation law
• The employment was out of state and not subject to Massachusetts jurisdiction
• The second position had ended before the injury occurred
• You were not actively earning wages from the second job at the time of injury
If one of these conditions applies, insurers may argue that only the wages from the injury-producing employer should count. This can dramatically reduce benefits.
Consider this in practical terms. If you earned $1,200 per week combined from two jobs but only $800 from the job where you were injured, and the second job is excluded, your benefit calculation drops accordingly. At 60 percent, that difference can mean hundreds of dollars per week.
Steps to Protect Your Rights After a Massachusetts Workplace Injury
When you have multiple employers, documentation becomes even more important. Insurance carriers often scrutinize concurrent employment claims closely.
After a workplace injury in Massachusetts, you should:
- Report the injury immediately to the employer where it occurred.
- Disclose all concurrent employment to the insurer and your attorney.
- Gather pay stubs or wage records from both jobs covering the prior 52 weeks.
- Document how the injury prevents you from performing duties at each job.
- Consult a Massachusetts workers’ compensation lawyer before agreeing to a benefit calculation.
These steps help establish your full earning capacity before the injury. In many cases, disputes arise not over whether you were injured, but over how your wages should be calculated.
Partial Disability and Multiple Jobs in Massachusetts
Not every injury results in total incapacity. Under Massachusetts General Laws Chapter 152, §35, partially incapacitated employees may receive 60 percent of the difference between their pre-injury average weekly wage and their post-injury earning capacity, subject to caps.
For individuals with multiple jobs, partial disability becomes complex. Suppose you can return to light duty at one job but remain unable to perform the physical demands of the second. In that case, your earning capacity must be evaluated in light of what you can realistically earn post-injury. This means both prior wages and current capabilities matter.
In recent cases, insurers have attempted to attribute higher earning capacity to injured workers by focusing on one retained job while minimizing the loss from the second. Courts and administrative judges look more closely at actual vocational limitations rather than theoretical earning potential.
How Massachusetts Courts Handle Concurrent Employment
Massachusetts courts and the Department of Industrial Accidents have addressed concurrent employment issues in multiple decisions. In Letteney’s Case, Massachusetts, concurrent employment, the court examined how average weekly wage should be calculated when an employee held more than one job. The court emphasized that the purpose of workers’ compensation is to replace lost earning capacity, not merely wages from a single employer. That reasoning supports inclusion of wages from concurrent employment when the injury affects the worker’s overall ability to earn.
Similarly, in McDonough’s Case, Massachusetts, wage calculation, the court reinforced that the statutory definition of average weekly wage must be applied in a way that reflects economic reality. Historically, Massachusetts appellate courts have interpreted Chapter 152 with an eye toward protecting injured workers’ earning capacity.
These decisions align with broader data showing that wage replacement is central to workers’ compensation. According to state labor data, wage benefits represent a substantial portion of total claim costs in Massachusetts each year. This underscores why average weekly wage disputes are so significant in multiple job cases.
Common Disputes in Multiple Job Workers’ Compensation Claims
In our experience representing injured workers across Massachusetts, disputes typically fall into predictable categories. Insurers may challenge whether the second job qualifies as concurrent employment. They may argue that the second job was sporadic, seasonal, or insufficiently documented. In other cases, they dispute whether the injury truly prevents work at both positions.
Another recurring issue involves self employment. If the second job was independent contractor work rather than employee status, coverage questions arise. Massachusetts labor laws workers’ comp protections generally apply to employees, not true independent contractors.
For Boston workers and those in surrounding communities, these disputes can delay benefits for weeks or months. During that time, bills continue to accumulate. That is why early legal intervention often changes the trajectory of a claim.
Why Massachusetts Workers’ Compensation Eligibility Matters for Part Time and Secondary Jobs
Many people assume workers’ compensation primarily protects full time employees. That is not accurate. Massachusetts workers’ compensation coverage extends to part time employees and those injured while working a second job, provided they meet statutory requirements.
This means a college student injured during a weekend restaurant shift or a professional working a side job in retail may have the same legal protections as a full time industrial worker. What differs is how benefits are calculated and defended.
When wage replacement reflects combined earnings, the system functions as intended. When it does not, injured workers may face serious financial strain despite statutory protections.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you were injured at work while holding multiple jobs in Massachusetts, you do not have to navigate wage calculations and insurer disputes alone. Questions about concurrent employment workers’ comp Massachusetts claims can directly affect the benefits you receive and your financial stability during recovery. We understand how Massachusetts workers’ compensation law applies to secondary jobs, part time employment, and wage replacement from multiple employers. Our team at Brandon J. Broderick, Attorney at Law, works to ensure your average weekly wage is calculated fairly and that your Massachusetts workplace injury claim reflects the full impact of your lost earning capacity.