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.

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2 Lawyer Answers
Richard Alan Jaffe
Richard Alan Jaffe
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
  • Hazleton, 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.

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