Can my employer cut my pay after my job injury?
Unfortunately, unless you have a contract which sets forth your rate of pay, the answer is generally yes, but there are remedies available.
If, due to a job injury, you are not able earn-or your employer is not willing to pay you-the same wages you did prior to being hurt at work, and you are still recuperating from said injury, you are entitled to temporary partial disability (tpd) benefits. TPD benefits are 2/3rs of the difference between what you were making prior to your job injury and what you are now earning until (a) your employer increases your pay/hours or (b) you reach maximum medical improvement.
Just like with temporary total disability (ttd) benefits, your right to tpd benefits ends once you reach maximum medical improvement (mmi). At that time, if you have sustained a permanent physical impairment which prevents you from being able to earn the same money you did prior to your injury, you may be entitled to compensation for your vocational loss-depending on whether your injury is to a scheduled member (as defined by Ala.Code §25-5-57(a)(3)).
If you suffered a work injury, you live or work in anywhere in North Alabama, and you have questions about your workers’ compensation claim and would like to speak with an experienced North Alabama Workmen’s Compensation attorney, the workers compensation lawyers at Powell and Denny would appreciate the chance to help you.
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