Q: can employer change your hours to suit them?
was injured on the job had two surgerys for my shoulder/arm (right) still not fixed now on dr #2 first dr left practice in more pain now than I was before his two surgerys and my arm is still not fixed.
I am sorry to hear about the injuries that you have sustained to your right arm and shoulder, however, it is somewhat unclear from your question as to what you are seeking.
Assuming that you are actually working, despite the ongoing problems with your work-related shoulder/arm injury and are on modified duty as a result thereof, your Employer unfortunately is not required to provide you with work during your pre-injury shift. The issue is whether, or not, they are able to accommodate the restrictions placed upon you as result of your work-related shoulder/arm injury and subsequent surgeries and often the modified or light duty jobs may be at different times then you had worked prior to your injury.
I also note that you are writing from Hyattsville, Maryland and therefore, it is unclear as to whether, or not, your being compensated pursuant to the Pennsylvania Workers Compensation Act, as amended or the Workers Compensation Act in Maryland.
Assuming that your Claim is being administered pursuant to the laws of Pennsylvania, it is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law for an initial consultation to discuss your rights and remedies. The initial Consultation would be Free of Charge, and most Attorneys in Pennsylvania will accept your Case on a Contingent Fee Basis.
As long as your restrictions from your doctor allow for flexibility in scheduling hours for work, then a change in hours would likely be acceptable for an injured worker back to work after a work injury.
However, there are circumstances where the change in hours may make your ability to continue working intolerable.
As such, you should contact a Certified Workers’ Compensation Specialist in Pa Workers’ Comp Law. Most lawyers offer free consultations Good Luck with your health and your working situation.
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.