Employers and Insurance Companies are notorious for bringing back injured workers and offering them jobs on varying shifts and at lower rates of pay. Is this legal? If the Employer/Insured follows the guidelines of the workers’ compensation act, issues a Notice of Ability to Return to Work and makes a legitimate job offer, then yes, they can do this. If you refuse to return to work solely because it is paying you less money or because you don’t want to work the hours provided, then a judge will find you in bad faith. A finding of bad faith means you will negate any ability to collect wage loss benefits. It is advisable to contact a lawyer before a situation of bad faith arises. At KK&O, we advise our clients to return to the job so they do not destroy the ability to collect wage loss benefits in the future. The workers’ compensation insurance carrier has an obligation to make up the difference in your pay through partial compensation benefits. The shift change is a different story: the injured worker will have to rely on family members or friends. A judge will not find the excuse that “I can’t find a babysitter” as a sufficient reason to miss work. At KK&O, we will work closely with you to help find solutions to the hardships presented by this situation.