If I am getting workman's comp, can my employer lower my wages?
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If I am getting workman's comp, can my employer lower my wages?
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Additional Details I'm working with limitations (i.e. no lifting, no bending, no prolonged standing), so I'm being paid my regular wage while on light duty and I'm not being paid workman's comp just getting regular pay. So can they lower my salary because they say I am being paid too much?
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michr
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in most states yes you can be paid less while on light duty.
it would help to know what state you are in........................
you can work and draw partial benefits in many states here is an example of how partial payments work in Tennessee:
Example:
Employee was earning $300.00 per week.
Employee is earning $200.00 per week on light duty.
$300.00 minus $200.00 equals $100.00 difference in pay on light duty.
66 2/3% of $100.00 equals $66.66.
Employee will earn $200.00 in wages and receive $66.66 in workers' compensation benefits.
edit your question or look up your states laws
this is a list of all the state's department of labor:
http://www.dol.gov/esa/contacts/state_of.htm
in California they may offer you light duty work but it must be at least 85% of your old wage.
http://www.dir.ca.gov/dwc/WCFaqIW.html#6 |
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Sherry C
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Yes they can if you are working in a light duty capacity. You would be paid the new lower wage and then workers compensation would pick up the rest. In other words you would still come out making the same wage you would just get it separately or depending on the insurance company on the same check but listed separately. |
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Judy
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Yes they can.
You are getting workers comp and also working? |
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corgi1922
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Typically when you are on workers comp your entire salary is coming from that. If you have been notified that when you come back to work your pay will be lower then not it is not legal. |
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Druantia
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Yes they can. You can, and are supposed to file for disability to make up the rest of they money. |
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danny14551
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They can lower your pay based on the fact that you are on light duty and are not able to perform all job functions |
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kate
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Employers can pretty much do whatever they want ,
Unless you have a contract . . .
What does your contract say ?
Many employers will not change the pay assuming you will be returning to regular duty .
And since you were injured on the job , your employer is partly at fault ( yes ? / No ? ) .
What may eventually happen if you do Not eventually resume normal duties ,
And you have NO contract ,
They just eliminate that position and create a new one with a different pay rate .
Not enough info to really give a viable answer for you tho . . .
> |
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Renee13
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Please help I live in the state of Georgia, I was released to light duty about two weeks ago I attempted to perform the job for ten days and was on able to work about 1 1/2 to 2 hours a day.I told my employer I was unable to perform my job duties at that time.I was written up and was told I am expected to work 8 hours a day five days a week. my questions is will I still get my workers comp benefits. |
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