Determining How Annual Leave Is Taken in a Workers’ Compensation Case

Any annual leave taken during an active workers compensation case is often subtracted from your ongoing workers’ compensation benefits. Your workers’ compensation checks cannot be added to the total of your vacation or holiday pay. 

Consult your employee handbook or speak to a human resources representative if you were 

hurt at work. Find out how much PTO you have accumulated and if you will have to use all of it, some of it, or none at all.

Vacation pay is permissible for certain employees who are covered by workers’ compensation and who have a collective bargaining agreement (CBA) with their employer. It can be tricky to navigate your vacation policy when it comes to workers’ compensation so we discuss the most common concerns in this article.

Do You Have to Use Up Sick and Annual Leave Before Using Workers’ Compensation Benefits?

No, even if an employee chooses to take leave under the Family Medical Time Act, the employer cannot mandate that the employee use up all earned leave. However, there may be stipulations on when accrued annual leave can be used. 

Consult your employee handbook or speak to a human resources representative if you were hurt at work. Find out how much PTO you have accumulated and if you will have to use all of it, some of it, or none at all.

Use of Sick Pay and Annual Time in Conjunction With Workers’ Compensation Benefits in SC

According to a formula to be created by the South Carolina Department of Administration, an employee may take sick and annual leave in conjunction with workers’ compensation payments under South Carolina Code of Laws Section 8-11-145. 

It is the responsibility of the employer to explain that compensation from annual time will be given on a prorated basis prior to finalizing this elected choice. The election and its terms must be documented in writing and signed by both parties.

The Purpose of Utilizing Annual PTO While Receiving Workers’ Compensation

Only a fraction of your usual wages will be covered by your workers’ compensation benefits. If your salary is significantly cut over an extended period of time, your family may have financial difficulty. PTO may assist you in filling the income gap between your regular take-home pay and your workers’ compensation payouts.

This can aid in keeping your family’s standard of life at or near that which you enjoyed before the accident. Reducing the financial strain brought on by lost income might also ease your mental burden and enable you to concentrate on getting better.

Utilizing Annual Time to Travel While Receiving Workers’ Compensation

You can use annual time to travel while your workers’ compensation case is still active or while you are still receiving benefits. But traveling can make things more difficult for you. Whether going on vacation is a good idea depends on the trip you’re taking and your unique situation.

It could seem like the perfect opportunity to take your family on vacation if you’re unable to work due to an injury. Take into account how a trip can affect your workers’ compensation case before making your arrangements.

Remember that insurance companies could dispatch investigators to compile suspected fraud proof. These insurance firms may use images and videos taken by their investigators of you participating on theme park rides or resort golf courses against you.

How Taking PTO Affects Your Worker’ Compensation Benefits

An insurance company may be able to discount your injuries by presenting evidence that you took a trip during the course of your case. They can assert that you can work based on your abilities to use annual time for leisure activities.

Additionally, missing and rearranging medical visits puts your case in jeopardy. Your case manager might question the severity of your condition if you take a lengthy trip and have to juggle or forego care entirely. 

When determining how to use annual leave while receiving workers’ compensation, aim for shorter time frames that allow you to make it to all of your appointments. It will be less disruptive to your case. Also, avoid activities that violate your doctor’s recommendations like mountain climbing and other physically demanding activities

Need Help Determining How Annual Leave Works in an Open Workers’ Compensation Case?

While taking trips using annual leave is not always advisable, being strategic on how and when to take annual leave during an open workers’ compensation case is permissible. Each claimant’s policy differs depending on the employer. 

If you need advice on workers’ compensation benefits and your ability to take personal time that you’ve accrued, you can speak with a workers’ compensation attorney near you. They will be able to provide legal counsel based on your state’s laws and unique circumstances.