When on Workman’s Compensation, can my employer give my position to someone else or cut my pay when I return to work?

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When on Workman’s Compensation, can my employer give my position to someone else or cut my pay when I return to work?

I got hurt at work and I’ve been on Workman’s Comp for 3 months and now that I’m going back to work on Monday. My employer tells me that they have made some changes and that they need to fill me in since I’ve been out so long. I just want to know if they can demote me because I’m a supervisor? Also, can they cut my pay because I got hurt and I have been out for my injury?

Asked on January 1, 2011 under Employment Labor Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

They must accommodate you and they must keep your job for 12 weeks (3 months).  Beyond that, your job is not guaranteed and depending on the worker's compensation case in your particular matter, you may be trained to do something else, get the same pay or a combination thereof.  You need to check with your workers comp lawyer and the state's department of labor to ensure your employer is not illegally making changes simply because they were inconvenienced for a few weeks. Also keep in mind that if you have total disability in any way to accomplish your former position (it doesn't sound like it here), you may be transferred to a position requiring you to be more sedintary.


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