Visitor Question

Pay cut after getting injured on the job?

Submitted By: Ida (Clinton, OK)

My husband worked as a driller on an oil rig and severely injured his neck, requiring surgical repair. He has not regained his physical abilities to perform his prior duties and may never be able to work that type of job again.

His company has offered to find another area of work within the company, but states it is at a much lower pay scale. Can they cut his pay after he suffered an injury on the job? How does workers comp affect his pay after the injury? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Ida,

Let’s answer your first question. A private employer doesn’t have an obligation to continue to employ an injured worker. The company is under an obligation to makes sure their workmans compensation insurance company provides the funds necessary for his medical and therapeutic treatment.

It is arguable your husband is fortunate the company offered him another position within the company. They could have entirely released him from their employ. Unfortunately, unless your husband can convince them to maintain his pay rate, or find him another position where he is able to continue at his usual salary, he’ll be at the mercy of the company.

The answer to your second questions is this, Workman’s compensation insurance is under an obligation to pay for your husband’s medical and therapeutic treatment. They are also responsible for any out of pocket expenses he might incur for medications, etc. as long as they are directly related to the treatment for his injury.

The insurance company is also required to pay your husband a percentage of his normal salary. That amount can be anywhere from 60% and higher. A lot will depend on the time he has worked for the company and his rate of pay.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 21, 2012

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