Q: Is it legal for my employer to potentially lay me off or offer a lower-paying job after a workplace injury?

A: Good afternoon. Your question is about more than a workers' compensation (WC) claim, and potentially involves additional or separate rights you may have under the collective bargaining agreement (contract) between your employer and the union, and possibly rights you may have under the Americans with Disabilities Act (ADA). There is no guarantee of a particular job through WC or the ADA, and if you are not able to do what are considered the "essential functions" of work within the company, they may be legally allowed to assign you to a lower-paying job or terminate your employment if there is no such position available or if you decline to take a different job. Your future opportunities (qualifying for journeyman status) is not a consideration; all parts of your claim are fixed as of the date of your injury. The issue also is not actually your WC "outcome" (the claim or case), but the extent of your recovery from your injury, and what you can and cannot do for work. The claim should have nothing to do with your continued employment, only your injury. Each situation is different so it's difficult, at a minimum, to offer specific advice and the best you can expect here is some general information and directions. The factors that will determine your right to permanent disability benefits include your age, level of education, past work history (with this company and before), what your doctors (and any insurance doctors) say about what you can and cannot do for work activities, and where you live and where you worked (for example, if you traveled to different places for your job). You should consult with a qualified WC attorney to review your particular case and facts, and to get more specific advice.