Philadelphia, PA asked in Workers' Compensation for Pennsylvania

Q: If you are injured on the job and have sick time are you required to use it? and why?

After having a few days off(required by their workers compensation doctor) if you are still in pain, what happens next? My HR people are very slow to help with the Specialist I need to see under that umbrella.

Related Topics:
2 Lawyer Answers
Richard Alan Jaffe
Richard Alan Jaffe
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: In order to be eligible for wage loss benefits, after sustaining a work-related injury, you must miss at least 7 days from work. If you are out of work more than 7 days, you would then receive wage loss benefits for days 8 through 13 and if out of work 2 weeks, your entitlement to wage loss benefits would revert back to day 1.

Assuming you are only missing a few days from work, you would not otherwise be paid unless utilizing your "Sick Time." In the event that you are out of work for a longer period of time, and eligible for Workers Compensation Benefits, you may be entitled to having your sick time put back in your "bank."

It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies. The initial consultation would be free of charge and most Attorneys will accept your case on a Contingent Fee Basis.

Timothy Belt agrees with this answer

Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Kingston, PA
  • Licensed in Pennsylvania

A: I agree with attorney Jaffe, but would add that to the extent your sick time is an earned benefit which is as a direct result of time you have worked, it is treated as wages already earned. Some employers will make you use sick and vacation time after you are entitled to workers' compensation benefits. When this happens, if the sick or vacation time is an earned benefit you may be entitled to payment of both the sick or vacation time and workers' compensation benefits for the same missed days.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.