If I’m on workman’s comp and my employer has cut my hours because they want to pay me instead of having a workman’s comp claim, is this legal?

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If I’m on workman’s comp and my employer has cut my hours because they want to pay me instead of having a workman’s comp claim, is this legal?

I hurt my back at work. I have been on light duty so I have been working, they now are saying that they do not want to have a comp claim open for me and that the are cutting my hours. Can they do that? Am I not entitled to the wage that I was making before I was hurt at work? And also, they want me to use my sick days for doctor appointments.

Asked on August 10, 2012 under Employment Labor Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of worker's compensation if you were injured on the job and cannot do it anymore per doctor's orders, your employer's worker's compensation carrier pays for your injury.

However, if you are able to work the hours that you worked prior to injury and in the scope of the work you were doing, your employer cannot legally cut your hours if your treating physician states you can go back to work to do what you were doing prior to the injury. Given the issues that you have written about, I suggest that you consult with a worker's compensation attorney.


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