Reduced Hours After a Workplace Injury in New Jersey
After a workplace injury, some employees in New Jersey return to modified duty only to find their hours have been cut. Whether your employer can legally reduce your schedule depends on the reason behind the change. If the reduction is connected to your workers’ compensation claim, it may violate state law and entitle you to additional benefits.
When Can an Employer Legally Cut Your Hours?
Not every reduction in hours after a work injury is unlawful, and several legitimate reasons may apply. The following are common scenarios where an employer can legally adjust your schedule:
- Doctor-Ordered Restrictions: Your treating physician may limit your working hours as part of your recovery plan, and your employer is expected to follow those medical guidelines.
- Lack of Modified Duty: If your employer does not have light-duty positions available that fit within your physical restrictions, offering reduced hours may be the only alternative to keeping you off work entirely.
- Business Necessity: Company-wide layoffs, seasonal slowdowns, or restructuring that affects multiple employees can justify a reduction in your schedule, provided the change is not targeted at you alone.
- Performance or Conduct: If documented performance issues or policy violations existed before your injury, an employer may point to those as grounds for adjusting your role or hours.
Income Supplementation
When your hours drop because of medical restrictions from a work-related injury, you may qualify for Temporary Partial Disability (TPD) benefits. TPD pays 70% of the difference between your pre-injury average weekly wage and what you currently earn on a reduced schedule, helping to bridge the gap in your income.
Retaliation is Illegal
Workers’ compensation law specifically prohibits employers from retaliating against workers who file or pursue a workers’ compensation claim. Reducing your hours, demoting you, or terminating your position because you exercised your legal rights can result in penalties for the employer and additional remedies for you.
What To Do If Your Hours Are Reduced
Taking the right steps early can strengthen your position if a dispute over reduced hours develops later. The following actions help protect your claim:
- Request written documentation of the reason for the schedule change
- Save all medical records and light-duty restrictions from your treating physician
- Compare your current hours to your pre-injury schedule
- Report the reduction to your workers’ compensation insurance carrier
- File a complaint with the New Jersey Division of Workers’ Compensation if you suspect retaliation
- Retain a qualified workers’ compensation attorney
Seeking Compensation for Lost Wages in New Jersey
Matarazzo & Lubcher has over a century of combined experience helping injured workers in New Jersey recover the benefits they are owed, including lost wages due to reduced hours. Our attorneys can evaluate whether your employer’s actions constitute retaliation, file the appropriate claims on your behalf, and pursue every benefit available under state law.
Call 856-460-5805 or contact us online to schedule a free consultation with our Cherry Hill workers’ compensation lawyers today. You don’t pay a cent until we settle or win your case.