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Salary cut while receiving worker's comp benefits
09-18-2010, 05:44 PM
Post: #1
Salary cut while receiving worker's comp benefits
I was just informed by my employer that they will be cutting one of the stipends I get on top of my salary for one of my "spring duties," because "my pending surgery may not allow me to perform that duty this spring" I was injured at work (Illinois) last spring, and my employer accepted my worker's comp claim. I am back to work with restrictions, and am awaiting worker's comp to "approve the surgery." Until then, I am at work, in pain, toughing it out. The stipend is part of my contract, and I have received 2 of 24 payments for the duty.

I thought I was protected against a cut in salary when I'm working. I am not on TDD, or receiving any worker's comp checks. Am I correct in thinking this is possibly illegal?
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09-18-2010, 06:26 PM
Post: #2
RE: Salary cut while receiving worker's comp benefits
You only protected for a date of injury earnings.

Earnings at date of injury set your TTD checks, and settlement amount.

Next, employer can not predict the future neither. Meaning their making a change without the proper medical reports stating you wont be able to perform that come summer time.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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09-19-2010, 01:47 PM
Post: #3
RE: Salary cut while receiving worker's comp benefits
So if 2/3 of my current salary consist of stipend money on top of my salary, they could cut that from now until I leave work for surgery? That just seems so wrong.
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09-19-2010, 02:25 PM
Post: #4
RE: Salary cut while receiving worker's comp benefits
if your stipend work was money paid for bonus work then if you dont make bonus you dont get it.....is how it was explained to my husband....part of his salary was a bonus if he got his "quota" each month he was not working so he was not making "quota" so no Bonus......altho he had made quota every month for the 10 years he had worked there.....silly isnt it......

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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09-19-2010, 04:00 PM
Post: #5
RE: Salary cut while receiving worker's comp benefits
Jayne,

I feel for you and your husband. Was your husband's injury work related? Did a worker's comp settlement help supplement any of his lost income?
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09-19-2010, 04:47 PM
Post: #6
RE: Salary cut while receiving worker's comp benefits
Quietdude was a Trucker that worked for Pepsi a union worker that pulled a good wage with bonuses between 12 and 15 hundred a week.....Arkansas WC cap at the time was 350 a week...we were screwed....I say we because there is no I in our marriage we are a team.....he had both elbows operated on .....weight limit 10 lbs so....no more working for Pepsi a comp and release early retirement...he had also retired from USAF so we didnt starve but things were very tight....then I got hurt 2 years later boy howdy then I really thought we were gonna starve....we got lucky...our church,our family came thru and carried us......a really nice settlement paid off the farm we are OK we are not rich but we will not starve unless the Democrats stay in control then all bets are off...

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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