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Thread: Demotion

  1. #1
    Join Date
    Jul 2007
    Posts
    16

    Default Demotion

    I have read that when you return to work and you are demoted to a lower position under state or federal law you are intitle to 85% of you position before you injury. Would anyone know where i can find this law for the state of PA.. My employer wants to pay me 50% of my pre-injury wages?

  2. #2
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    925

    Lightbulb Re: Demotion

    If Your Restrictions from Your Work Place Injury no Longer allows You to do Your Injury Time Job, and You Accept a Position that Pays Less, w/c will Make up the Difference to 80% of Your Injury Time Pay. So You should Receive a Paycheck from Your Employer, and the Balance to 80% from the i/c Handling Your Claim. I Hope this Helps clear things up for You, and Happy Holidays!!

  3. #3
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,104

    Default Re: Demotion

    That is not exactly right. If you return to work with restrictions and a loss of earnings as a result of your injury, you are entitled to 2/3 of the difference between your time of injury average weekly wage and your actual earnings under PA law. The 80% figure would be applicable for auto accidents, not workers' compensation.

  4. #4
    Join Date
    Jan 2008
    Location
    New Oxford, Pa. USA
    Posts
    430

    Default Re: Demotion

    So Timothy if this person was injured in a dwi crash he would be entitle to 80% of his pay, but if he is injured at work it's tough luck charlie!

  5. #5
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,104

    Default Re: Demotion

    It would be two separate claims. The auto claim and the workers' compensation claim. There are also varies subrogation liens involved, so the most they would actually realize is the 80%.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

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