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permanent restrictions causing demotion
#1
Due to a back injury I was given permanent restrictions on lifting, bending, pushing pulling, etc. I was also limited to 4 hrs. per day work time. I am a full time employee being forced to step down to part time, losing benefits and taking a pay cut. Can they do that?
 
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#2
it depends on the state but most employers are required or encouraged to provide light work.
they cannot require that you exceed your work restrictions.
If they cannot provide light work most are required by FMLA law to allow 12 weeks leave before you are replaced.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
In most states, if your pay has been cut due to restrictions you would be entitled to Temporary Partial benefits to supplement part of you lost wages. We need to know your state to give you better answers.
 
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#4
kate Wrote:In most states, if your pay has been cut due to restrictions you would be entitled to Temporary Partial benefits to supplement part of you lost wages. We need to know your state to give you better answers.

I work for a major home improvement warehouse in California.
 
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#5
I believe in CA the payment is 66 2/3% of the difference between the employee's AWW and any earnings payable to 104 weeks.

1171 is the expert in CA. He should be along shortly to give better info.
 
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#6
unfortunately your restrictions are permanent and not temporary so you would only be eligible for permanent disability payments not temporary partial disability.
the duration of permanent payments will be based on your permanent disability rating.
here's a link to factsheets including california's permanent disability benefit (D)
http://www.dir.ca.gov/dwc/iwguides.html

you may also be eligible for a supplemental job displacement voucher if you have to change carreers
http://www.dir.ca.gov/dwc/rehab.html
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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