Injuries/pay cut

[Mark180]

What is the name of your state (only U.S. law)? NY
If you're injured while working and, for the time being, can not complete the tasks, can your boss change your position and give you a pay cut?, if so, is this temporary until you're able to do the task or permenant?

 

[canhelp]

yes.
employers are encouraged to provide modified work after a work injury.

P.S.
NY may provide additional disability payments based on any difference in wages.

 

[Mark180]

Can they cut the pay?, and if so, is the position change and pay cut only until the person is healthy enough to do the tasks or can the employer keep the employee at the changed position and lower pay rate?

 

[canhelp]

yes, they are not required to pay more then the work is worth.
yes, they do not have to make or hold a job for you.

 

[davidmcbeth3]

Have you filed a WC claim?

 

[Ladyback1]

yes, they are not required to pay more then the work is worth.
yes, they do not have to make or hold a job for you.

Depends on the state!!!

Several states require that if an employer can accommodate work restrictions, they must pay at the TOI wage, and maintain as close to normal # hours worked as possible. So, on a temporary basis an employer can put an employee in a different shift, doing alternative duty work--but they have to pay the employees TOI (time of injury) wage.

An employer cannot fire anyone because of an work-related injury--until such time as the employee is deemed MMI (max medical improvement) or P&S (permanent and stationery) given an impairment rating and/or permanent restrictions which preclude the employee from their TOI job. At that point, the employer can choose to terminate employee, transfer employee or make permanent restrictions to job duty.

Again, it's not a simple yes or no--depends on the state!

 

[canhelp]

the state was posted as New York.

and employers can replace employees before they are MMI-- FMLA gives some employments 12 weeks of job protection.

 

[Ladyback1]

the state was posted as New York.

and employers can replace employees before they are MMI-- FMLA gives some employments 12 weeks of job protection.

It is not always ecomonically responsible to term an employee prior to MMI. Quite a few employers would rather be able to assist in steering the course of the claim, rather than terming an EE and watching the claim cost spiral.
*shrug* short term savings vs. long term savings.