California Worker's Compensation - Help For Injured California Workers

• California Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• California Worker's Compensation Resources - Links and resources for injured workers.

Page 1 of 2 12 LastLast
Results 1 to 10 of 13
  1. #1
    Join Date
    Jul 2007
    Posts
    6

    Default My Employer Cut My Hours - Do I Get Paid?

    My employer is cutting my hours from 40 hr a week to 5 hr a week. I know he can do that but will I get paid from WC? If so, how much % will I receive? I am still on modified work and will be having surgery soon, but I was informed that as of August 1st my hours will be reduced to 20 a month.
    Also does he have to inform his insurance company or do I?
    Any help would be great as this is the first time in my life I have had to deal with workers comp.

  2. #2
    Join Date
    Apr 2007
    Location
    cincinnati,ohio
    Posts
    765

    Default Re: My employer cut my hours do i get paid

    i say contact your attorney, and then workers comp, to see what you are entitled too. good luck, my prayers are with all injured workers.

  3. #3
    Join Date
    Jul 2007
    Posts
    6

    Default Re: My employer cut my hours do i get paid

    Do I need a attorney, bucause I don't have on.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: My employer cut my hours do i get paid

    You didn't really supply enough information to elicit an effective answer...
    Why were your hours cut?
    What hours have you been working?
    The basis for payment of wages from your WC claim is dependant on your abilty to perform your "usual and customary" job ...If your modified job duties are the reason for your hours being cut, you may be eligible for TPD benefits (TPD= Temporary Partial Disability) but you don't get benefits because your hours were cut the same as other employees (EE's)
    IF your hours were cut because you filed a claim for WC benefits, you may be able to file a 132a action, which is discrimination because you filed for WC...
    California is an "at will" employment state, in that the ER can cut your hours or terminate your employment "at will"... without giving you a reason for doing so.

    Have you consulted with an attorney regarding your claim for benefits?
    Have you been denied any benefits due to your WC claim?
    What other information can you provide....?

    In general, if the ER doesn't have modified/alternate work for you, you are entitled to TTD benefits...

  5. #5
    Join Date
    Jul 2007
    Posts
    6

    Default Re: My employer cut my hours do i get paid

    Quote Quoting BvIA View Post
    You didn't really supply enough information to elicit an effective answer...
    Why were your hours cut?
    What hours have you been working?
    The basis for payment of wages from your WC claim is dependant on your abilty to perform your "usual and customary" job ...If your modified job duties are the reason for your hours being cut, you may be eligible for TPD benefits (TPD= Temporary Partial Disability) but you don't get benefits because your hours were cut the same as other employees (EE's)
    IF your hours were cut because you filed a claim for WC benefits, you may be able to file a 132a action, which is discrimination because you filed for WC...
    California is an "at will" employment state, in that the ER can cut your hours or terminate your employment "at will"... without giving you a reason for doing so.

    Have you consulted with an attorney regarding your claim for benefits?
    Have you been denied any benefits due to your WC claim?
    What other information can you provide....?

    In general, if the ER doesn't have modified/alternate work for you, you are entitled to TTD benefits...
    I was told my hours are being cut because there is no longer work for me to do. From 40 hrs a week to 5 hrs a week. They said it had nothing to do with WC claim. I have not talked to an attorney and am wondering if I need one? My WC case was not denied but no one has told me if I get part TPD payment or not? I don't know what I get or if I get anything as I am still working on modified work now. I am the Office Manager/Bookkeeper.

  6. #6
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: My employer cut my hours do i get paid

    Since you do not have any work restrictions work comp won't pay for the limited hours.
    If your employment is covered by the Family Medical Leave Act you may have some protection from layoff or job reductions.
    For more information:
    http://www.dol.gov/esa/whd/fmla/

  7. #7
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: My employer cut my hours do i get paid

    I agree with Biva--WHAT is the 'basis' for your ER cutting your hours? You ARE on "modified work" as evidence by your original post:

    "I am still on modified work and will be having surgery soon, but I was informed that as of August 1st my hours will be reduced to 20 a month.

    .Sh responded to you in a follow-up post: "Since you do not have any work restrictions work comp won't pay for the limited hours" , If your employment is covered by the Family Medical Leave Act you may have some protection from layoff or job reductions." Perhaps .SH did not fully read your orginal post, and hence, "mistook" your soecific fact-pattern...

    As BiVA CORRECTLY pointed out, if OTHER WOKER's hours are being "cut" or reduced, then there MIGHT be "legitimate grounds" for your ER to "reduce hours" or to lay offf. BUT, if YOU are capable of performing YOUR job, WITH 'modifications", and OTHER co-workers in your same department ARE NOT getting laid off/reduced hours, then your ER has som e"explaining" to do.

    It MIGHT be possible for you to file for FMLA benefits, IF you have NOT YET actually surrered a reduction in hours, AND OTHER workers, who do NOT have a disabilty, are NOT having their hours reduced or being subjected to lay-offs.

    A few more specififics would be helpful. And ANY TIME you feel that you ARE being dicriminated against by you ER BECAUSE you either filed a WC claim and/or want to exert your RIGHTS for job0-modification/accomodation, then you SHOULD seek the opinion of at least ONE or MORE COMPETENT Wc anttorneys and/or FEHA /ADA attorneys.
    Last edited by Charles Stevens; 07-16-2007 at 06:45 PM.

  8. #8
    Join Date
    Jul 2007
    Posts
    6

    Default Re: My employer cut my hours do i get paid

    I am on modified work with restrictions
    My ER is just reducing my hours but not because of work limitations.
    So I am not sure, will work comp pay for the lost work hours? (30hrs a week)
    Or do I have to be off of work completely to receive benefits?
    My ER does not have FMLA benefits and I do not believe I am being discriminated against by him, it

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: My employer cut my hours do i get paid

    IF you feel that you are unable to perform you regular job duties, go back to your PTP and discuss this with him... the option there is that you will be placed on TTD pending your surgery and recovery...you should receive your full entitlement to TTD benefits.

    I find it somewhat curious that even though you were working "modified" job duties, that there is now only 5 hours per WEEK, vs the forty hours you were working before...that's a significant drop where the reason is "less work to perform"...particularly for an "Office Manager/Bookkeepper"...the business is still in operation..isn't it?
    Last edited by BvIA; 07-17-2007 at 03:20 AM.

  10. #10
    Join Date
    Jul 2007
    Posts
    6

    Default Re: My employer cut my hours do i get paid

    Quote Quoting BvIA View Post
    IF you feel that you are unable to perform you regular job duties, go back to your PTP and discuss this with him... the option there is that you will be placed on TTD pending your surgery and recovery...you should receive your full entitlement to TTD benefits.

    I find it somewhat curious that even though you were working "modified" job duties, that there is now only 5 hours per WEEK, vs the forty hours you were working before...that's a significant drop where the reason is "less work to perform"...particularly for an "Office Manager/Bookkeepper"...the business is still in operation..isn't it?
    So my chooses are to get placed on TTD pending surgery if I can or get nearly nothing to live on? How can that be so? I have preformed my job and didn

Similar Threads

  1. Replies: 0
    Last Post: 09-13-2009, 07:45 PM
  2. Employer Paid Benefits
    By Victim56 in forum Pennsylvania
    Replies: 5
    Last Post: 08-20-2009, 05:43 PM
  3. Employer Paid Timeloss After Injury
    By lbwayne in forum Washington
    Replies: 2
    Last Post: 03-30-2009, 11:18 AM
  4. Replies: 4
    Last Post: 08-07-2006, 05:55 AM
  5. Replies: 0
    Last Post: 06-23-2006, 09:06 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer