You may have planned a vacation last year during the pandemic that you’re finally now able to take. There’s nothing like spending a few days on the beach to unwind but what happens if you’ve been injured on the job and are currently receiving weekly Worker’s Compensation checks for your injury? Many people think that if they are on Workers’ Compensation, they are unable to take vacation time off. Luckily that isn’t the case! Even if you’re receiving Workers’ Compensation checks and not working, you are still eligible to use your vacation time off as you were originally planning. This is the general rule, however, and there are some things that should be considered if you choose to take vacation time when you are receiving Workers’ Compensation for a workplace injury or illness.

Taking a vacation while you are off work collecting Workers’ Compensation checks can complicate your claim. The Worker’s Compensation claim carrier could take a credit from section 243 of your Worker’s Compensation checks which could remove any possible net gain from the checks you’ve been receiving. Another important factor to consider is that vacation pay is technically taxable while Workers’ Compensation checks are not. Your employer could argue that your traditional pay is being continued through vacation time off and could tax the value of that. Neither one of these factors are a reason to necessarily not move forward with the vacation you were planning on taking, but they are important to understand in the event that you inform your employer you are taking a vacation and your claim begins to increase in complexity.

Not only can taxes and credits potentially impact your claim while taking vacation, you also should ensure that you are not reducing the legitimacy of your claim by taking a vacation. Depending on the severity and details of your injury, your claim may have presented your injury in a light that would make it seem as if it was not possible for you to participate in specific activities. If you are currently not working because you are immobilized in someway because of your illness or injury, you should ensure that you are not participating in vacation activities that would contradict your claim. This could include hiking, bike riding, or even walking along the beach depending on your injury. Your main priority when you take a vacation should be to relax and enjoy yourself, however, during that process it is important for you to make sure that you avoid complicating your claim by giving the Worker’s Compensation system or your employer reason to question the status of your injury.

If you’ve been injured on the job and are currently receiving Workers’ Compensation checks but want to go on vacation, there’s no reason why you aren’t able to. Suffering from a workplace injury can be stressful and overwhelming, so you deserve some time to relax! If you have questions about how to properly navigate taking vacation time off while on Workers’ Compensation or if your employer or your Workers’ Compensation carrier is claiming that you cannot take vacation time, please contact Poirier Law Firm today. We have over a decade of experience in Workers’ Compensation and will be able to provide you peace of mind that you are doing everything possible to protect your Workers’ Compensation benefits and rights as an employee.