Following a workplace injury, individuals commonly experience significant mental and financial strain. Workers compensation pays benefits to workers in Pennsylvania who have been injured on the job, regardless of fault. If you are unable to work due to an injury, your period of absence from work may appear to be a perfect opportunity to go on a vacation with your family. Prior to making reservations, consider the potential consequences a trip may have on your workers' compensation case.

Yes, it is permitted to take a vacation even if you have an ongoing workers' compensation case or are currently receiving benefits. There is no specific regulation or statute that prohibits someone from taking a vacation while collecting workers' compensation. However, traveling may potentially complicate your situation. If you have questions about your claim, feel free to contact a PA workers compensation attorney at Brandon J. Broderick today for a free consultation.

The following article will explain how taking a vacation could hurt your benefits, or in some cases, even cause them to be canceled.

Does Going on Vacation While Receiving Workers’ Compensation in Pennsylvania Break Any Laws?

No, absolutely not. Pennsylvania workers' compensation laws do not prohibit taking a holiday. In fact, while you are in the process of recovering from your occupational injuries, you are still entitled to take your vacation. However, it is essential to understand the process for receiving workers' compensation, since failing to take particular precautions may result in the loss of your benefits.

Could My Workers’ Compensation Claim Be Negatively Impacted if I Choose To Take a Vacation While Receiving Benefits?

There are potential complications that may arise if you want to go on vacation while your workers' compensation claim is ongoing. For this reason, it is important that you consult with a PA workers compensation attorney as soon as possible to discuss your claim.

Your Workers’ Compensation Insurance Carrier Could Use It Against You

It's likely that your workers' compensation insurer and potentially even your employer will attempt to use your well-deserved vacation against you in some way. They might believe that if you are physically capable of taking a vacation, then your injuries are not severe enough to warrant workers' compensation, and you should also be able to resume your work responsibilities.

Admittedly, this argument is not entirely untrue. However, it is crucial to consider the nature of your intended vacation and whether your vacation plans may:

• Worsening your injuries - In certain instances, going on vacation could not only delay your healing process, but it could also result in increased expenses for the insurance company and potentially your employer.
  
• Failure to reduce your damages - It is legally required for injured workers to make every effort to improve their condition. Engaging in activities that have the potential to aggravate your injuries or exacerbate your condition proves to be harmful.
  
• Cause you to miss medical visits and additional care - Noncompliance with treatment or failure to attend planned medical appointments provides the insurance company with grounds for arguing that you are not actively seeking recovery.
  

Engaging in Vacation Activities While Receiving Workers’ Compensation Could Harm Your Credibility

Taking a vacation while pursuing a workers' compensation claim has the potential to significantly undermine your credibility. This is an undesirable result in any workers' compensation claim. If you are currently receiving benefits, there is a possibility that they may be terminated. If you are still attempting to acquire those benefits, there is a possibility that your claim may be denied.

Taking a Vacation While Receiving Workers’ Compensation Benefits May Prompt a Private Investigation To Eliminate the Possibility of Fraud

Your workers' compensation carrier is obligated to compensate you with benefits, which encompass the wages you lose while you recover from your injury. It is crucial that you keep in mind that insurance companies are reluctant to pay any amount over what is necessary.

If you decide to take a vacation while your workers' compensation claim is ongoing, it is quite likely that this will initiate a private investigation into your case.

When working with insurance companies, private investigators for workers' compensation use a variety of tactics, including:

• Video surveillance - Investigators have the authority to conduct surveillance on your residence and capture visual evidence, such as photographs and videos, of your activities in public places. This is particularly likely if they observe any behavior that suggests non-compliance with instructions from your doctor.
  
• Direct surveillance - On some occasions, investigators may engage in surveillance of your activities.
  
• Online surveillance - Private investigators have the ability to access and view anything you share on social media. Even if your privacy settings are configured as "private," it is important to note that if any of your friends repost your photographs or information, investigators may still be able to access it. In addition, they have the capability to oversee and track your activities on the internet. Due to these factors, it is advisable to use caution when posting or searching for anything online, assuming that it may be visible to others.
  
• Direct contact - Private investigators may call your residence.
  
• Interviews - Investigators may conduct interviews with your friends, neighbors, workplace, and family members.

Does this imply that it is not appropriate to take a vacation while recovering from a work-related accident and getting workers' compensation? Possibly, or possibly not. This is something that you should consult with a PA workers comp attorney right away, since each claim is considered on a case-by-case basis and each case is different.

Can I Travel While on Workers’ Compensation Without Negatively Affecting My Claim?

If you are determined to take a vacation while receiving workers' compensation, there are several factors that you should consider. It is essential to ensure that you act in a manner that safeguards both your claim and your credibility.

Following these methods, in addition to other measures advised by your attorney, will assist in fulfilling your claim requirements. They may also help safeguard your eligibility to receive benefits.

• Obtain the approval of your doctor before going on a vacation.
  
• Speak with your employer regarding your travel plans - neglecting to inform your boss may result in the termination of your employment.
  
• Organize your medical appointments in a manner that ensures you do not miss any future healthcare appointments.
  
• Continue following the treatment plan prescribed by your doctor, including avoiding restricted activities.
  
• Revise vacation plans to include activities that aren't restricted by your injuries.
  
• Refrain from making extensive or challenging travel plans, such as flights with extended layovers, as these could worsen your injuries.
  
• Avoid using social media. Even if you are only posting happy pictures of yourself, the insurance company and others may still see them. These photos or videos may be taken out of context and potentially used against you.

Am I Allowed To Use Paid Time Off (PTO) While on Vacation During a PA Workers’ Compensation Claim?

Typically, any vacation pay that you are eligible for will reduce your ongoing workers' compensation payments. This policy prohibits the receipt of vacation or holiday pay in addition to workers' compensation payments. In certain cases, it is possible to collect both where employees earn accrued benefits such as paid time off (PTO).

Union members who have a collective bargaining agreement (CBA) with their employer are eligible to receive vacation money even when they are on workers' compensation. CBAs frequently regulate the manner in which an employee's vacation money is credited against their benefits. Navigating your vacation policy while dealing with workers' compensation can be a complicated endeavor. Your attorney will be able to identify any relevant agreements.

A Workers’ Comp Attorney at Brandon J. Broderick Can Help You With Your Pennsylvania Workers’ Compensation Claim or Claim Denial Today

Taking a vacation could provide many advantages for individuals in the process of recovering from an injury. Initially, it can alleviate the weight of your responsibilities, expose you to sunlight, and provide a brief break from your daily routine. Upon the conclusion of your trip, you will experience a sense of rejuvenation and preparedness to resume your daily routine. If you are receiving workers' compensation, this could be particularly crucial since it may facilitate the additional rest required for a complete recovery.

Yet, it is important to note that there are some actions that should be refrained from while being injured and receiving workers' compensation. It is advisable to refrain from casting doubt on your claim during a challenging period, as this may lead to unwanted consequences. An experienced workers compensation attorney can manage your case and ensure you receive the necessary benefits to facilitate your recovery from the injury and resume your work. 

Brandon J. Broderick, Attorney at Law, is committed to helping clients in Pennsylvania with their workers' compensation challenges. We possess a wealth of expertise and the resources necessary to ensure a just outcome for your case. If your claim has been recently rejected, please contact us as soon as possible so that we can discuss your available legal options.