Rosenbaum Personal Injury Lawyers | November 5, 2024 | Workers' Compensation
Workers’ compensation claims can be challenging to navigate. There are many rules that injured workers must follow, or they could lose their workers’ compensation benefits. A frequent question our Brooklyn workers’ compensation lawyers address is, “Can I go on vacation while on workers’ compensation?” The answer depends on the factors in your case.
Before making any travel plans, discuss the matter with your workers’ compensation lawyer. You do not want to do anything to jeopardize your benefits or workers’ compensation settlement.
What Is Workers’ Compensation in New York?
Workers’ compensation is a form of no-fault insurance that most employers must carry for their employees. Employees do not need to prove negligence to receive workers’ comp benefits. Because it is no-fault insurance, the worker may be partially to blame for their injury and still receive benefits.
Workers’ compensation pays for their medical treatment if an employee is injured on the job or develops an occupational disease. Injured workers may also receive loss of income benefits if they cannot work while they recover from a workplace accident.
Workers’ compensation is designed to help injured workers heal and return to work. However, it also compensates workers who sustain permanent impairments and disabilities.
Traveling and Vacationing While Receive Workers’ Compensation Benefits in New York
Generally, workers should be able to go on vacation while on workers’ compensation. Workers can continue their lives as best as possible while recovering from work-related injuries. However, there are several things you should consider before traveling or planning a vacation while receiving workers’ comp benefits.
Receiving Medical Care
You must keep regular doctor’s appointments, physical therapy sessions, and other treatments while on workers’ compensation. If your vacation requires you to miss any medical appointments, it could potentially jeopardize your benefits.
Types of Injuries
The nature of your injuries is another consideration. If your injuries are severe and prevent you from performing your work, going on vacation might raise questions about whether your injuries are as severe as you claim. On the other hand, if your injuries are less severe, traveling might not be as much of an issue.
Doctor’s Approval
Before making any travel plans, consult your physician and other medical providers. Discuss your itinerary to determine if your travel plans could negatively impact your recovery. If so, going on vacation might not be wise. If your doctor does not see any issues with your plans, obtain written approval from them to support your decision to take a vacation while on workers’ compensation.
Notifying Your Employer
You need to talk with your workers’ compensation lawyer before making travel plans. Your attorney will advise you whether you need to notify your employer of your travel plans. Not being transparent about going on vacation could result in a loss of benefits.
Potential Risks of Going on Vacation While Receiving Workers’ Compensation Benefits
In addition to the above considerations, there are potential risks of traveling while on workers’ comp that could hurt your case. Those risks include:
Negative Impact on Recovery
Traveling could add time to your recovery or cause additional injuries or complications. You may need additional medical treatment, and it could take longer for you to return to work. If the insurance company believes your travel plans caused these issues, they may deny additional care and continued disability benefits.
Surveillance
Insurance companies may hire investigators to conduct surveillance of injured workers to ensure they are not faking their injuries. If you are seen engaging in activities that violate your doctor’s restrictions or make your injuries worse, it could result in a denial of benefits. Any activities you participate in on vacation should accommodate your injuries.
Perceived Fraud
Even though you are not doing anything you should not do while on vacation, traveling while on workers’ compensation could be perceived as a sign of a fraudulent claim. The insurance company may argue that if you can travel, you can work or at least perform some type of work instead of being on temporary total disability. The perception could have a negative impact on your claim.
Contact Our Workers’ Compensation Law Firm in Brooklyn
If you’ve been injured in an accident in Brooklyn, and need legal help, contact our Brooklyn workers’ compensation lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Manhattan, NY and the Bronx.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332