Coye Law Firm

Worker's Compensation During The Holidays

Can I go on vacation with an open Worker’s Compensation case?

Absolutely! However, this may hurt your case. Insurance companies will jump at any chance to discredit your injury. Your travel plans can even be presented as evidence to prove that you are still able to work.

Missing medical appointments or having to reschedule them due to your vacation plans can also weaken your claim. If you must leave, be sure to keep it brief so that you can make it to all of your appointments and keep your claim strong!

Try to avoid spending long hours on planes or motor vehicles as this may imply that your injuries are more minor than you have alleged.

Can I receive Vacation Pay while also receiving Worker’s Compensation?

Unfortunately not. Worker’s Compensation policy explicitly states that worker’s receiving benefits from Worker’s Compensation cannot simultaneously receive vacation or holiday pay. In fact, vacation/holiday pay received would be deducted from your Worker’s Compensation package. 

That being said, accrued benefits such as PTO can be sacked on top of Worker’s Compensation benefits. Secure the bag right on time for the holidays!

When might Worker’s Compensation not apply?

Your classification as an employee is pivotal! Even if you only work for the company for a couple months a year. I’m talking to you seasonal employees! 

Typically Worker’s Compensation benefits do not apply to independent contractors and subcontractors such as Uber drivers or DoorDashers. If this is you, you must carry your own Worker’s comp policy as companies are not legally required to carry you under their policy.