Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

On the job injury affects pay

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • On the job injury affects pay

    Approximately 2 years ago I was injured on the job, exiting a company vehicle on uneven ground. It has been determined that I have a 5% amputation injury to my left leg (damaged knee). In this state, I will receive total compensation of $4,700. Because of this injury, our site medical evaluators have determined that I have a weight restriction of 20 lbs.

    Due to this restriction, which has been in effect for about 2 years, my company management has decided that I am no longer qualified to be a shift manager because I could not respond to an emergency wearing SCBA due to the weight of the equipment (lighter equipment is available, but not readily accessable). Therfore, I am not to receive my quarterly stipend pay of $1,050.

    I feel the company was at fault for not providing even ground for parking/walking to and from the job site, or my injury would not have occured in the first place. Also, the company has allowed my to continue with my duties with no loss of stipend pay for about 2 years, but now that the injury was determined to be permanent, have decided to disqualify me and take away my pay.

    I have worked on site for over 20 years, and cannot recall a single incident where a shift manager has had to don SCBA to respond to an "emergency".

    There is rumor of more lay-offs to come, and a cut in budget. I am 56 years of age, and have given the best years of my life to this company. Is this legal? Do I have ay recourse. (the HR department almost always sides with the company).
    Last edited by jgc; 04-27-2005, 02:25 PM.

  • #2
    Your company is being technically correct. They bend when it suits them, but since you could sue them or create a big worker comp case if something like what happened happened again, they are taking no chances.

    Comment

    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
    Working...
    X