Legal Question in Workers Comp in Florida

On Worker's Comp Light/Modified Duty/Reduced my pay.

I have been on Worker's Comp for over a year due to a rotator cuff injury and muscle damage in my neck. I just recently was told that I can come back to work on light/modified duty. I am still being seen by worker's comp doctors. My company has recently posted a notice that after 6 weeks of someone being out on light/modified duty due to worker's comp or FMLA, they can reduce my pay in accordance with the current position I am doing. Then after my 6th week on light/modified duty they surely did reduce my pay by $500 + less per month. Is this legal?


Asked on 7/19/02, 7:28 am

1 Answer from Attorneys

Steve Renick Bloom & Kinnear P.A.

Re: On Worker's Comp Light/Modified Duty/Reduced my pay.

Based upon the limited information you provided, it appears that your question is more along the lines of a labor/employment type of question. Much of it may depend upon whether there is an employment contract or union. However, from a workers' compensation perpective there is nothing prohibiting the Employer from reducing your pay, except there may be additional exposure to temporary partial disability benefits. Specifically, if you are making less than 80% of your average weekly wage, you may be entitled to a percentage of the difference of that loss in pay (80%). You will have to file Employee Earnings reports, that must be provided by the Employer/Carrier. An exception to the reduction of pay would be if the Employer is attempting to coerce or harass you for filing or pursuing a workers' compensation claim. There is a separate civil action under F.S. 440.205 if the Employer harasses or in some way punishes you for filing a workers compensation claim. These claims are difficult to pursue, and really need a "smoking gun", i.e. a letter that clearly shows harassment or similar conduct. However, you may want to consult a labor law attorney on this action and the reduction of pay.

The above is my opinion only. Other reasonable attorneys may have another opinion. This opinion is not being provided as legal advice. You should always seek the representation of a qualified workers' compensation practictioner prior to pursuing any matter with the Employer/Carrier

Good luck.

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Answered on 7/19/02, 7:46 am


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