Can My Boss Cut My Pay If I Get Injured at Work?
You were unfortunate enough to slip and fall at work and are bedridden because of the workplace injury. While you know you will receive workers’ compensation benefits, you wonder if your boss can cut your pay.
Well, the answer is yes, your boss can ‘cut your pay,’ and they can do it in two ways:
- They may reduce the number of hours that you work. It happens automatically once you sign off sick and if a doctor states that you’re not fit for work.
- They could cut your pay is by reducing your hourly wage, even if you are fit to work and not signed off. This is possible because your employer doesn’t set your contract’s hourly rate. Your contract states your wage, but the minimum wage likely applies to you unless you are a care worker or trainee. So, they can cut your pay if they want to.
In terms of the size of the cut, there are no set rules.
Your boss can’t take advantage and pay you less than someone else who isn’t as good if you’re an exceptional employee. If it’s not part of a genuine redundancy or cost-cutting exercise, cutting your pay leaves them open to a tribunal claim.
It does not matter if it is a cut in your hourly rate or the number of hours worked. You should be paid the same amount as other people doing the same or equivalent work.
Contact your trade union or Burbank workers’ compensation lawyer if you’re unhappy about any changes to your pay because of an injury.
Can My Employer Legally Deduct My Pay After an Injury?
Yes, as long as it is not detrimental to your health or safety, employers can deduct from your pay for any reason they want. But any changes made should conform to your contact details.
Your employer should use a sick pay scheme to make deductions because you were signed off work for an injury.
According to the scheme, you receive your average salary. But your employer makes monthly payments into another bank account used to replace lost wages while you’re off work.
It’s worth checking with your employer if they are not making any deductions, just in case they have forgotten about it. You should also speak to them about creating a sick pay scheme if they have not started. You should make an official grievance in writing if and when necessary.
However, you talk with your employer if the deductions are less than what is paid through a sick pay scheme.
When Can Your Employer Cut Your Wages?
Your employer can cut wages only with a reasonable justification like you’re not doing your job as per the required standard.
However, talk to your employer if they are cutting wages because of your workplace injury.
There is the chance that your employer will refuse to back down from cutting ‘your pay’ or making deductions after an injury. If this happens, then you should turn to a workers’ compensation attorney in Burbank for advice.
Remember, you are only liable for a wage cut when you are healthy but incompetent to discharge your duties.
You can seek legal advice if your employer has no valid reason to cut your wages or expel you from work. However, it is always better to prevent taking things to court. First, try to clarify matters with your employer and make an attempt to resolve things mutually. Only when this doesn’t work out as planned should you consider going the legal way.