neck injury

[hotrod3888]

hello everyone,my name is rod.i had a w.c. injury to my neck and had my surgery and i have been sent back to work on light duty for 3 months till i go back to the doctor.before injury i drove an 18 wheeler for the company and made 650.00 a week salary.since i have been sent to a light duty job at work,they said they had to and can cut my pay to 360.00 a week becuase thats what everyone in that department makes,can they do this ,thanks for any help.

[bronco54501]

Your state is needed for wc is state specific..... Your employer doesnt have to keep your old job nor its pay. But I do believe wc may be responsible to pay 2/3rds of you pay loss.. Some one will come by thats more knowledgable but still will need your state...

[jayne]

Hello Rod,welcome to the Forum...first we need your state as answers vary from state to state.what was your injury? will you be able to pass a DOT physical when all is said and done?As far as your salary I am not sure and will leave that to the pros on here and I will just be the welcome wagon and invite you over to the off topics to have a little fun

[1171]

some states will pay additional disability to make up for the wage loss.
yes they can.
work comp carrier and work comp law controls benefits. there is nothing either can do about your employer's return to work wages and pay scale.
contact your union rep; maybe some wage protections were negotiated.
when you give us your state we can give you more details.

[hotrod3888]

thanks everybody,and sorry my state is alabama.someone informed me today that if my company does cut my pay like that when i am on full duty,that i can get a higher settlement,anyone know about this,thanks so much for your replies rodney.

[freebird]

(08-30-2011 06:28 PM)hotrod3888 Wrote:  thanks everybody,and sorry my state is alabama.someone informed me today that if my company does cut my pay like that when i am on full duty,that i can get a higher settlement,anyone know about this,thanks so much for your replies rodney.

You could qualify for supplemental income. In my state of Louisiana, WC for 10 years would make up the difference up to 95% between what you are now being paid and what you were paid.

Your settlement should be based on your Income when you were injured.

[1171]

(08-30-2011 06:28 PM)hotrod3888 Wrote:  thanks everybody,and sorry my state is alabama.someone informed me today that if my company does cut my pay like that when i am on full duty,that i can get a higher settlement,anyone know about this,thanks so much for your replies rodney.

while you are still under temporary work restrictions you are eligible for additional disability payments based on earnings lost -- subject to the temporary disability maximum.

as far a additional disability benefits after your recovery is complete, you are limited to permanent impairment benefits based on your rating.
more here
http://labor.state.ak.us/wc/wc-brochure.pdf