Can I Receive Vacation Pay If I Am Pursuing A Workers’ Comp Claim?

David R. Denis, Esq. • October 18, 2022

Can I Receive Vacation Pay If I am Pursuing a Workers’ Comp Claim?

Claiming for workers' compensation after illness or injury as a result of working conditions can be a stressful experience. You need to make sure that you are taking the steps necessary to achieve success in your claim, and so you might be concerned about what you can and cannot do during the claim process. 


So, how does this apply to vacation pay? Are you able to receive vacation pay while your claim process is underway?


In most cases, yes, you will be able to receive vacation pay if you are pursuing a workers' comp claim. However, there are a few things you will need to bear in mind before you submit a vacation request. Read on to learn more in our handy guide.


Eligibility for Vacation Pay

Unfortunately, vacation pay is not a legal requirement or entitlement in the United States. Employers are under no obligation to pay their staff for any hours that have not been worked — including vacation time, time spent on sick leave, or any public holidays.


However, employers are legally required to honor the contractual agreements they hold with their workers. If your work contract includes vacation pay, then you are entitled to this vacation pay, regardless of whether or not you are pursuing a compensation claim.


How Does a Workers' Comp Claim Impact Your Vacation Pay?

First and foremost, if you are entitled to vacation pay as listed above, you can still receive this vacation pay even if you are in the process of pursuing a workers' comp claim. This vacation pay is not an added bonus that can be delivered or taken away. It is part of your employment contract and should be treated as such.


You should not be penalized for pursuing a workers' comp claim, as this is within your rights as a worker in the United States. However, there may be some changes to your vacation pay in some cases.


Let's say you applied for vacation pay for two weeks while you were waiting for your compensation claim result. In many jurisdictions, you will then be given a choice:


A) You can choose to receive the full vacation pay plus the full benefit of the compensation claim.


Or


B) You can choose to have these vacation days, as well as the vacation pay, restored to you. This means you will lose out on the additional pay, but you will be able to use the vacation days at another point in the future. Be aware of your contract terms, as not all contracts will permit vacation days to roll over to the following year or employment period.


If you select option B and choose to have your vacation days restored to you, the workers' comp will only be paid to you after this vacation period is completed. If you have not yet completed the period of vacation, you may find that you need to wait until this period is concluded before you begin receiving your benefits.


Going on Vacation While Pursuing a Worker's Comp Claim

There is a difference between "taking vacation pay" and "going on vacation". You can receive vacation pay for any time not spent at work that is not covered by another form of paid leave — like sick pay or maternity/paternity leave — even if you simply plan to stay in your home. "Going on vacation" may carry a different meaning. You may plan to go on a trip and take vacation pay to cover this.


You can do whatever you like with your vacation time and your vacation pay; this is up to you. However, be aware that going on vacation may affect your claim if you are seeking workers' comp. Why is this?

  • It may contradict your claim


If you do decide to go on vacation while pursuing a comp claim — and remember, you are allowed to do so — make sure it does not contradict or invalidate your claim. If you, say, suffered ligament damage in your lower leg due to a fall at work and want to claim on this, going on a hiking holiday or indulging in extreme sports while on vacation is going to cast doubt on the veracity of your claim. You may still have a legitimate claim, but this activity is going to make it hard to achieve a successful outcome.


Not all vacations will contradict your claim. If you burned your hand in an accident at work, for example, a week spent relaxing on a beach should not be detrimental to your claim.

  • It may cause you to miss important meetings related to your claim


Remember that you may need to be available to attend meetings or provide information relating to your claim. If you are not available to provide this, your claim may be delayed. The claim may even be put at risk if you cannot give urgent information when it is requested. If you do decide to take a vacation, make sure you are contactable for all legal professionals and other entities involved in your claim, and make sure to schedule your vacation around any planned meetings.

  • It may cause you to miss your treatment sessions


If you are undergoing a course of treatments following your workplace injury, it is not advisable to take a vacation. On a personal level, this treatment will help you achieve a full recovery from the injury or illness you have suffered, so you should do your best to attend all recommended sessions. Also, the success of your claim may depend on your attendance of all treatment sessions, so don't risk putting your claim in jeopardy.


Let Our Team Support Your Claim

Reach out to our team today and let us help you achieve success with your workplace injury compensation claim. Our personnel are skilled and experienced in helping claimants just like you get the outcomes they deserve. Get in touch today and let's begin.

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