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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.