Can You Go on Vacation While on Workers’ Comp in Pennsylvania?

If you are injured at work and start receiving Workers’ Comp benefits, your time away from work is often focused on recovery and rehabilitation and getting back on your feet; it isn’t a vacation.  But what if you need a vacation from your recovery?  Can you go on vacation while getting Workers’ Comp?

Workers’ Comp doesn’t block you from taking a vacation, but there are a few things you need to be careful of when going on vacation or taking a trip while receiving Workers’ Comp.  First, you should not do anything while on vacation that compromises your health or recovery, including activities beyond what your doctor says you can do.  Second, you should schedule any trips so that they don’t interfere with doctor’s appointments or Workers’ Comp hearings.  There are other considerations to keep in mind, too, especially if you are working while receiving benefits for partial disability.

For help with your Workers’ Comp case or benefits, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers today at (267) 651-7945.

Are You Allowed to Go on Vacation While Getting Workers’ Comp in Pennsylvania?

Workers’ Comp benefits are essentially supposed to act as replacement wages while you are unable to work.  This means you are still getting paid, but you are not at work all day.  So what do you do with that extra time?  A lot of people on Workers’ Comp have plenty of doctor’s appointments and rehabilitation to keep them busy, while others might focus on hobbies, education, or other ways of enriching their lives with this newfound free time.  Sometimes though, you just have to get away – and Workers’ Comp should not interfere with your legal ability to go on vacation.

“Vacation” can mean many different things.  A nice “staycation” is hardly going to violate any Workers’ Comp rules if you and your family have a few days at home to relax.  Even going to a hotel or rental in-state or in a nearby state probably isn’t going to interfere with anything, so long as you keep some of the points discussed below in mind.  Traveling out of state or even internationally is also perfectly legal, assuming you follow the standards below.

While you are on Workers’ Comp and not working, you do not need to worry about vacation/PTO days, and it might actually be a perfect time to spend some time with your family or friends and to focus on relaxing – something that is great for healing.  If you are working part-time and receiving partial disability benefits, things get more complicated, as discussed below.

All in all, a vacation is perfectly legal while you are on Workers’ Compensation, but there are some things you need to keep in mind to avoid running afoul of Workers’ Compensation rules and restrictions.

How Vacation Time Works When on Partial Disability Benefits Through Workers’ Comp

If you are still working while receiving Workers’ Comp, your ability to take a vacation might be a bit more restricted.  At work, you will likely still have rules about vacation days or PTO usage, and it is important to follow those rules so that you do not risk losing your job and potentially jeopardizing your benefits.  If you are deemed to have “refused” work that was available to you, it can cost you your benefits, so it is best to always review any vacation or time off plans with your Philadelphia Workers’ Comp lawyers to make sure they are reasonable and would not be considered quitting or refusing to work.

Restrictions on Vacation While Receiving Workers’ Compensation in Pennsylvania

Although some of these restrictions might not be written down in the law or posed as restrictions on vacations, there are some rules and requirements that limit what vacations you can take and when you can take them:

Doctor’s Appointments and Court Dates

While on Workers’ Comp, you may have medical appointments to go to.  Rescheduling them might be possible for actual hardship, but repeatedly missing or rescheduling appointments can eventually be seen as refusing treatment and potentially lose you your benefits.  If you are going on vacation or leaving town, make sure it doesn’t interfere with your appointments in any way.  If you are still in rehabilitation or physical therapy and have a tight schedule, it might be best to postpone a vacation.

The same is true of any court dates or Workers’-Comp-related appointments like depositions or independent medical examinations you need to attend.  Missing these could lose you your benefits, so do not choose a vacation over these dates, or make sure that your vacation plans leave you available for these hearings and meetings.

Doctor’s Orders

It is important to listen to your doctor at all times while receiving Workers’ Compensation.  Your treating physician will be able to explain to you what physical activities you are deemed capable of doing and what you should avoid.  These restrictions will essentially dictate whether you can work and when you are able to go back to work, as well as what tasks you can do if you return to light-duty work before a full return.  If there are things you are medically restricted from doing at work, do not do them while on vacation either.

For example, if you are not allowed to lift boxes or climb a ladder at work, do not lift luggage or go rock climbing on your vacation.  If the insurance carrier or your employer finds evidence of you actually doing things in violation of your medical restrictions – such as vacation photos – they might try to get your benefits canceled or have you return to work on the basis that you are no longer truly disabled.

At worst, photos of your vacation could be used as evidence that you were lying about your disability in the first place, potentially leading to fraud accusations as well as termination of benefits.  Be careful what you do on vacation and always obey your doctor’s instructions.

Communication

If you are planning a vacation that is long enough that you might miss mail or phone calls about your benefits or court dates, consider changing your plans or making sure your mail and calls are forwarded to you.  For example, moving down to Florida for the winter or the Jersey Shore for the summer might be fine, but if you miss letters about your benefits or hearings, you could end up losing your benefits.

Call Our Workers’ Comp Lawyers in Pennsylvania Today

For help with your case, call our Bucks County, PA Workers’ Comp lawyers at Cardamone Law: (267) 651-7945.