If you’re injured at work, should you ever be using your PTO or sick leave because of your injury? A work-related injury brings with it a number of concerns -- paying the bills and keeping a roof over your family’s head is usually at the top of the list. The entire purpose of Workers’ Compensation is to help injured workers deal with these issues. One of the most important benefits of Workers’ Compensation is TD (Temporary Disability), which pays out 2/3 of your average weekly wages while you cannot work due to your workplace injury.
In a perfect world, TD would take care of everything, and you’d never use any of your paid time off to deal with Workers’ Compensation. In reality, the issue can be far more complex. Here are a few reasons injured workers sometimes wind up using their vacation time:
Insurance companies are notorious for their unethical behavior,
Workers’ Compensation insurance companies are no exception
Workers’ Compensation claims for real, legitimate injuries are denied too often, leaving injured workers with no choice but to use paid time off and sick leave to go to doctor’s appointments or simply to recover. Even if your claim is eventually accepted, there is frequently a period of delay while the Workers’ Compensation insurance company reviews your case.
These delay periods can sometimes be drawn out. Many workers also apply for State Disability while their case is delayed or denied. The good news is that an experienced Workers’ Compensation attorney will make sure you’re compensated for any time off you used in the form of retro-TD (temporary disability back-paid to the date of your injury).
Use My Vacation Time if I'm Out Because of a Work-Related Injury
There is a cap on how long you can receive TD (Temporary Disability)
As previously mentioned, Workers’ Compensation provides wage replacement for injured workers who cannot work in the form of TD (Temporary Disability). However, TD is not indefinite. There is a 104-week cap on TD benefits, which can be extended to 208 weeks in the case of certain severe injuries and illnesses.
Some injured workers simply may not be well enough to return to work after hitting their cap for TD benefits. If you are still recovering from your workplace injury but have no TD left, it might be necessary to use whatever PTO you have accrued, in conjunction with SDI, in order to take care of yourself and your family.
Documenting the Injury
Properly documenting your injury is essential for a successful workers' compensation claim. This includes:
— Notifying your employer in writing within the 30-day reporting period.
— Seeking immediate medical attention and keeping detailed records of all medical treatments and diagnoses.
— Collecting witness statements if the injury was observed by coworkers.
— Keeping a personal journal of your symptoms, treatments, and any impact the injury has on your daily life.
Thorough documentation can strengthen your claim and provide the necessary evidence to support your case.
Filing a Workers' Comp Claim
Filing a workers' compensation claim involves several steps:
1. **Report the Injury**: Notify your employer in writing as soon as possible.
2. **Seek Medical Attention**: Obtain a medical evaluation and treatment from a healthcare provider approved by your employer's workers' compensation insurance.
3. **Complete the Claim Form**: Fill out the DWC-1 claim form provided by your employer and submit it promptly.
4. **Follow Up**: Keep track of your claim's progress and maintain communication with your employer, the insurance company, and your attorney.
Understanding what to expect during the process can help you navigate it more effectively and ensure that you receive the benefits you're entitled to.
Workers’ Compensation doctors are not all created equal
Injured workers receive TD (Temporary Disability) on the recommendation of work restrictions issued by their Workers’ Compensation doctor, known as the PTP (Primary Treating Physicians). You only receive TD if your PTP says that you cannot work, or if the amount of work that your PTP says you are able to do pays less than what you normally earn.
Unfortunately, some PTPs are more sympathetic to the plight of the insurance company than to the plight of the injured workers they treat. A bad PTP might tell you to go back to work before you’re ready, and it’s better to use up vacation time than to risk aggravating your injury.
Having the right PTP is crucial to your Workers’ Compensation case, and that’s one of the reasons it’s important to have good Workers’ Compensation attorneys on your side. Workers’ Compensation lawyers will be familiar with the doctors in your insurance company’s network, and will help you choose a doctor who will be on your side, not the insurance company’s.
In short, you legally shouldn’t have to use your vacation time because of a work-related injury, but due to complications with insurance and workers’ compensation doctor sometimes it’s simply unavoidable.
It’s significant to consult with a top Workers’ Compensation attorney to make sure that you’re treated fairly by the insurance company and that you receive fair compensation for any time off you use because of your Workers’ Compensation claim.
Pacific Workers’ Community Foundation is the charitable arm of Pacific Workers’ Compensation Law Center. We support influential causes around the Bay Area and are committed to protecting the people who move our community.
Pacific Workers’ Compensation are the lawyers for injured workers. We fight for the rights of firefighters, healthcare workers, first responders, and more. Our client-service-oriented approach makes us the top Workers’ Compensation lawyers in Northern California.
