Can a place of business reduce your pay if you had an accident and went on worker’s comp?

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Can a place of business reduce your pay if you had an accident and went on worker’s comp?

My pay is gettig cut by more than 1/2 and they are taking away my manager’s manager title away. A concerned member of the staff let me know this was happening when I return.

Asked on September 30, 2012 under Employment Labor Law, Pennsylvania

Answers:

Timothy D. Belt, Esquire / The Belt Law Firm

Answered 8 years ago | Contributor

In addition to the other response, if your loss of earnings is as a result of your work injury, you may also be entitled to temporary partial disability wage loss benefits from workers' compensation.  I would strongly suggest that you talk to a workers' compensation lawyer in your area to preserve your rights.  The initial consultation should be free, so you have nothing to lose.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

They cannot reduce your pay to retaliate against you for filing a Worker's Compensation claim. However, if you are no longer working as many hours or capable of doing your old duties, your employer is allowed to change your title or pay to reflect what you are actually doing now. They could also make changes like these for legitimate reasons not connected to the claim, such as poor performance; excessive absenteeism; restructuring; etc. If you believe you are suffering from illegal retaliation, you should contact your state Department of Labor and/or speak with an employment attorney.

 


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