Worker’s comp question

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Worker’s comp question

I was on TTD for four months and returned to work two and a half months ago. They did not have an availability in the position that I had filled before and they demoted me to a lower position but were still paying me what I was making before. Last week I learned they were now paying me only what the position I am filling makes instead of my prior higher pay. They have never given me an opportunity to fill my prior position. Is this legal?

Asked on May 20, 2009 under Employment Labor Law, Oklahoma

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends.  Even on disability, they only have to usually keep it open for 3 months.  To better determine in your circumstances what happened and if they can (I don't know what kind of job you are in, if you are under contract, in a union or otherwise), contact the following:

1. Oklahoma Dept of Labor: http://www.ok.gov/odol/

2. Oklahoma Dept of Labor Worker's Compensation section: http://www.ok.gov/odol/Workers_Compensation_Enforcement/index.html

3. Worker's Compensation FAQ's = http://www.ok.gov/odol/documents/WCFAQ20080717.pdf

4. U.S. Dept of Labor: http://www.dol.gov/dolfaq/go-dol-faq.asp?faqid=74


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