Irwin, PA asked in Workers' Compensation for Pennsylvania

Q: do I have to use my total accrued vacation up prior to collecting workers compensation? My employer says I do. Help.

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1 Lawyer Answer
Timothy Belt
Timothy Belt
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

A: You do not have to use your vacation time to receive workers' compensation, but your employer can force you to use your vacation time while you are receiving workers' compensation. If you have been out of work for more than a week for your work injury you would be entitled to workers' compensation wage loss benefits. However, there is no law in Pennsylvania that restricts your employer from also making you use vacation time while you are out of work, but you should receive both after the first week of disability. I would suggest that you contact a local workers' compensation lawyer to assist you with your claim.

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