The short answer is yes, you can use your paid time off (PTO) while on workers’ compensation in Pennsylvania. Many people don’t realize that workers’ compensation only covers a portion of their regular income. So, if you are the primary income earner in your household and are on an extended leave of absence because of injury, you may face financial struggles. Your PTO may be able to recoup some of those financial losses to account for the percentage of your income that workers’ compensation will not provide. However, you need to realize that you may not get that time back once it’s gone — and in fact, it may run out before your workers’ compensation benefits kick in.
At Munley Law, our experienced workers’ compensation attorneys have guided countless Pennsylvania workers through these complicated benefit questions. Before you use your PTO, you should learn all your options. Contact Munley Law today for a free consultation to ensure you maximize your benefits while protecting your rights under Pennsylvania law. Our dedicated team is standing by to review your specific situation and provide the personalized legal guidance you deserve.
Pennsylvania Workers’ Compensation Laws About PTO
Pennsylvania law states employees do not have to use their PTO while receiving workers’ comp. However, there are some situations where PTO may be helpful, such as:
- When your workers’ comp benefits are delayed
- If you need to supplement your income while on workers’ comp
- Your benefits have been denied, and you need financial assistance while waiting for an appeal
Remember that any PTO you use with workers’ compensation cannot exceed the compensation you typically receive in your gross weekly earnings.
Discuss your options with your human resources officer to ensure you abide by company policies and seek legal advice on state workers’ compensation laws.
Can My Employer Make Me Use PTO?
No, your employer cannot legally require you to use your PTO before your workers’ compensation applies. However, the company can allow or require you to use your earned PTO while on workers’ compensation to make up the difference between your employee benefits and regular wages.
If you are unsure of your employer’s rules on using PTO while on workers’ compensation, your employee handbook should be able to answer your questions. Further, speaking to human resources will also help you understand if you must use PTO to make up the difference between your benefits and gross wages.
If you must use PTO to make up the benefits difference, make sure your company’s payroll department complies with your state’s tax laws. And, if you feel like your rights are being violated, contact a workers’ compensation attorney as soon as possible.
Can I Get My PTO Back Once I Receive My Workers’ Comp Benefits?
If you are made to use your PTO while your workers’ compensation benefits were denied, you may be able to “buy back” your sick and vacation time. Your employer and the workers’ compensation insurance carriers cannot take credits against your PTO. Still, you may be able to use the finances you received in compensation benefits to get that PTO back.
This is a complicated area of Pennsylvania Workers’ Compensation Law, which is why you should seek the representation of a workers’ compensation attorney to guide you on your rights.
Can I Still Use My Pension and Workers’ Compensation Benefits at the Same Time?
If the injuries you sustained cause you to retire instead of return to work, the workers’ compensation benefits may be offset by your pension. Under workers’ compensation law, your employer has the legal right to reduce your workers’ compensation benefits by how long the employer funded your pension. So, if your employer funded fifteen percent of your retirement, 15 percent will be deducted from your workers’ compensation benefits until the workers’ compensation period has been met.
Know that by law, your employer and the workers’ compensation carrier must give you twenty days’ notice to take credits from your compensation benefits; further, you are entitled to proof of payment for the percentage of pension they are taking from your compensation benefits.
Contact a workers’ compensation attorney if your employer or the insurance agency won’t comply.
Can I Collect Workers’ Compensation and Unemployment at the Same Time?
Under the law, you can collect workers’ compensation benefits and unemployment compensation simultaneously. For example, if you were injured at work but are willing and able to take a lighter duty position, but your employer cannot give you one, you may be eligible for unemployment benefits.
But know that the amount of unemployment benefits you receive will be counted against your workers’ compensation benefits.
Further, collecting both benefits will place you in two separate courts within the Pennsylvania Department of Labor, where different rules and standards apply to each claim. This can make an already complex situation more complicated, so meet with a legal representative before making a decision.
How Long Can I Collect Workers’ Compensation Benefits?
Workers’ compensation benefits are calculated in two parts: the first is wage loss, and the second is for medical expenses related to the workplace injury.
You can collect full or temporary disability benefits for two years. The Pennsylvania Workers’ Compensation Act allows an injured worker to collect partial disability benefits for up to 500 weeks.
In addition, the workers’ compensation carrier may even pay medical bills related to the workplace injury for the worker’s life; however, there are exceptions to the amount of time someone can collect and for what losses.
What Do I Do If My Employer Violates Any of the Workers’ Compensation Laws?
If your employer or employer’s insurance company violates the provisions of the Pennsylvania Workers’ Compensation Act, you may be eligible to file a penalty petition. A penalty provision allows you to recover losses for:
- Delaying workers’ compensation payment without cause
- Terminating benefits unjustly
- Denying a claim due to an improper investigation of the work injury
- Failing to notify the injured worker, within 21 days, that the claim is denied
- Failing to pay medical bills
If successful, you, as the injured worker, may be eligible for an award of up to 50 percent of the past-due amount owed, plus interest and attorney fees.
The Workers’ Compensation Attorneys at Munley Law Can Help You
If workers’ comp denies your claim, or you are being asked to use your PTO when you do not think you legally must, you should seek a work injury lawyer immediately. Our dedicated team of lawyers and paralegals will help you get the benefits you deserve.
At Munley Law, we have helped Pennsylvania employees recover millions of dollars in workers’ compensation claims. We can answer your questions, guide you through the filing process, and hold your employer accountable if they do not abide by Pennsylvania law.
Our workers’ comp law firm understands that the aftermath of a work-related accident can be a difficult time in your life for you and your family.
Contact us now for a no-obligation, free case evaluation for your workers’ compensation case. We are available 24/7, and we do not collect a fee unless your case is successful.
