Q: Am I allowed to change my hours of availability at work while on partial wc?
I'm released back to work with restrictions therefore I'm in a different position in the restaurant. I have had life changes and needed to change my availability and was told by my employer that I'm not allowed to or it will negate my wc benifits.
A: It can impact your partial wage loss benefits. If the employer has work available within your restrictions and you are unable or unwilling to work those hours due to factors unrelated to your work injury, then the employer is free to argue your loss of earnings is also unrelated to your work injury. You are only entitled to compensation for loss of earnings related to your work injury so this missed time would not be compensable which would reduce or possibly eliminate your wage loss benefit check.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
