Can I Go on Vacation While Receiving Workers' Comp Benefits?

Every employee throughout the United States deserves to go on vacation to spend time with their loved ones and take a break from performing work duties. This also applies to those who have suffered injuries on the job and do their best to make the best recovery possible in order to get back to work. However, if you are currently receiving worker’s compensation benefits, taking a vacation is associated with several risks.

The following are several workers’ compensation items to consider when planning a vacation:

  • Don’t miss or reschedule medical appointments – In order to receive benefits, you must make all scheduled appointments with doctors, therapists, or any other health care providers. If you go on vacation for an extended period and miss an appointment or ask your doctor to change your appointment date, you could lose your benefits. Workers’ comp case manager could view missing a doctor’s appointment or canceling of an existing appointment as a failure to comply with medical treatment. If you are taking a short vacation and you are not at risk of missing or rescheduling appointments, you shouldn’t have to worry.
  • Follow the doctor’s orders – You are required to adhere to the doctor’s restrictions while recovering from injury. However, vacations are often filled with physical obstacles that could result in re-injury, whether it’s surfing huge waves or sitting down for hours on the airplane. As long as you are not bedridden and follow the doctor’s restrictions, you won’t lose your benefits.
  • Insurers are always watching – From recording videos to scouring through various social media platforms, it is not uncommon for insurance companies to conduct surveillance on employees who filed workers’ comp claims. If you are seen or found performing activities which cannot be done due to injury or otherwise disobey orders, the result could be losing your benefits.
  • Be careful of what you post on social media – Since social media has become an important part of our daily lives, most people often post and share pictures of their vacation online for friends and family to see. However, those receiving workers’ comp benefits need to be wary of what they share online. If there are any photographs or videos which show you participating in a restricted activity, this evidence can be used against you.

If you are interested in taking a vacation, our New York City workers’ compensation attorneys at Lurie, Ilchert, MacDonnell & Ryan LLP can assess your plans and answer any question you have about your vacation and your workers’ compensation claim. For more information, contact us and schedule a free consultation today.