Q: I got hurt on the job and filed a workman's comp claim. Is it legal for my employer to take my vacation days?
I am not allowed to go back to work until I can do full duty. While I am off work, my employer is taking my vacation days. Is that legal?
A: If you have vacation days available, your employer may require you to use those vacation days while you are out of work for your injury; however you may be entitled to payment of workers' compensation wage loss benefits in addition to the vacation days without a credit to the employer or the workers' compensation carrier. If you have not already done so, I would strongly suggest that you talk to a workers' compensation attorney to make sure you are receiving all benefits to which you are entitled.
As you are not entitled to wage loss benefits unless you miss more than 7 days from work, some Employers require injured workers to exhaust their sick and vacation time, if they want to get paid while awaiting the Workers Compensation Carriers determination if they will accept liability for your injury. If the claim is later accepted, we are often able to get our Client's vacation "bank" replenished.
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 except your Case on a Contingent Fee Basis.
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