In State of Florida: We have an employee who is currently on workers' comp following shoulder surgery. He will be out a total of approximately two months from time of injury to maxium recovery. At that time, it is doubtsful that he will be able to return to his previous occupation due to physical restrictions. His pay scale was based on the job he was doing. Can we legally reduce his pay to the pay scale appropriate for an occupation which he is physically able to perform?
yes neither workers comp laws nor federal ADA requires be paid more for a job then those similarly employed
Yes, you can lower his pay rate and until he is at Maximum Medical Improvement (MMI), the insurance carrier will make up a portion of the lost wages if they fall below 80% of his pre-injury average weekly wage. (80/80 formula, 80% of the difference between 80% of AWW and earnings)
Example: preinjury AWW = $800/week, post injury = $400/week
80% of $800 = $640.
$640-$400 = $240
$240 x 80% = $192 (amount paid by WC)
Total earnings would be $592 (salary + WC payment)
Once at MMI, he will be paid Impairment Benefits based on the percentage of impairment (if any)