Worker's comp question

Question Details: I was on TTD for four months and returned to work two and a half months ago. They did not have an availability in the position that I had filled before and they demoted me to a lower position but were still paying me what I was making before. Last week I learned they were now paying me only what the position I am filling makes instead of my prior higher pay. They have never given me an opportunity to fill my prior position. Is this legal?

Asked 5/20/2009 under Employment and Labor | 198 View(s) | More Legal Topics

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Employment and Labor Law Answers

MTD, Member, California Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

It depends. Even on disability, they only have to usually keep it open for 3 months. To better determine in your circumstances what happened and if they can (I don't know what kind of job you are in, if you are under contract, in a union or otherwise), contact the following:

1. Oklahoma Dept of Labor: http://www.ok.gov/odol/

2. Oklahoma Dept of Labor Worker's Compensation section: http://www.ok.gov/odol/Workers_Compensation_Enforcement/index.html

3. Worker's Compensation FAQ's = http://www.ok.gov/odol/documents/WCFAQ20080717.pdf

4. U.S. Dept of Labor: http://www.dol.gov/dolfaq/go-dol-faq.asp?faqid=74