Human Resource Blog

Workers Comp & Rehiring

	HR Management
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An employee has been on a Workers Comp medical leave for over a year. Had two surgeries and now is able to return to work at this time with some restrictions with the right arm and no lifting over 5 pounds or work above chest high with the right. Our positions available is an entry level help desk in our main office with a much lower salary then she was getting in her Field Engineer position. Can we offer the lower level position and the lower salary considering her limited capacity?

You may want to contact an attorney specializing in Workers Comp cases, consult with your insurance carrier and/or consult with the EEOC on reasonable accommodations for this employee. Workers Comp laws vary a great deal from state to state, so its not possible to supply one answer that will be correct everywhere. It is not clear from your question if the employee has received a lump-sum payout for a disability under the workers comp claim. If she has not, she may continue to be entitled to insurance payments to replace lost income, even though she has returned to work. Some companies would reinstate her at her former salary, to avoid excessively high workers comp insurance claims.

There is a separate requirement under ADA that employers make reasonable accommodations to employees with disabilities. That law may require that you make adjustments that will permit the engineer to hold a higher paid position. They may even require that the employer make accommodations that will permit the engineer to return to her old job. Contact the EEOC for more on reasonable accommodations.