Can You Collect Workers’ Comp if You’ve Been Reassigned Due to an Injury?
If you’ve suffered a work-related injury that prevents you from performing your normal duties, the workers’ compensation system offers options that protect your right to work and help you maintain your income. First, if you file a workers’ compensation claim, your employer may not retaliate against you. That means your boss cannot reassign you, demote you or fire you because you filed for workers’ comp. So, if you saw a doctor for a work-related accident, workers’ comp should pay for your exam and treatment, and you should be able to return to work without incident.
However, if you are unable to perform certain tasks related to your position, your employer may reassign you to lighter duty until you are ready to resume full activity. In that case, you might be doing work that pays a lower wage. Your employer is not required to pay you at your former wage, but you can file a workers’ comp claim for a benefit to replace some of your lost earnings.
This benefit is called temporary partial disability, or TPD, and it provides partial payment for the difference in what you are earning now from what you were earning before. For example, if you had been earning $600 per week and you’ve been assigned to light duty paying $450 a week, you have lost $150. TPD will replace two-thirds of your $150 loss, or $100. Your TPD benefit is not taxable, so your net recovery is actually greater than two-thirds of your loss.
Your workers’ comp claim should be simple and straightforward, but unfortunately, complications may arise. A knowledgeable workers’ comp attorney at the Tous Law Group can evaluate your case for free. Call 714-602-4473 or contact our Orange County office online to schedule a free consultation.