If I ‘ve just had my 2nd shoulder surgery caused by carrying a ladder at work, what happens if I can’t carry a ladder anymore?

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If I ‘ve just had my 2nd shoulder surgery caused by carrying a ladder at work, what happens if I can’t carry a ladder anymore?

Does my employer have the right to move me to a different position with lower pay rate and do I have to accept?

Asked on June 13, 2013 under Employment Labor Law, Pennsylvania

Answers:

Joyce Sweinberg / Joyce J. Sweinberg Associates PC

Answered 8 years ago | Contributor

Your employer does have the right to move you to a different position.  Good faith requires that you attempt to perform the alternate job.  If it pays less, then your employer will be responsible for paying you partial disability benefits.  It is in your best interests to have an attorney to handle your case for you.

Timothy D. Belt, Esquire / The Belt Law Firm

Answered 8 years ago | Contributor

You may be moved to a different position or even terminated, but if this is because of an accepted or adjudicated work injury you may be entitled to workers' compensation wage loss benefits to cover your loss of earnings.  If you have not already done so, you should talk to a workers' compensation attorney in your area in regard to your options.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You employer could move to you a different position with lower pay--the employer is NOT required to keep paying you a higher rate for work you can no longer do. Indeed, the employer would be legally entitled to terminate you, if you cannot do the job for which you were hired.


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