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’ comp 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 your comp claim 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 benefits kick in.
At Munley Law, our experienced workers’ comp attorneys have guided countless Pennsylvania workers through these complicated benefit questions. Before you use your PTO, consult a Pennsylvania workers’ compensation lawyer to fully understand 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.
How Do Pennsylvania Workers’ Compensation Laws Impact PTO and Vacation Use?
Pennsylvania law states employees do not have to take 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
- Healthcare professionals whose workers’ comp benefits have been denied might consider consulting a healthcare and medical workers’ comp lawyer for financial guidance before using PTO
Remember that any PTO you use with workers’ comp cannot exceed the payout 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’ comp laws.
Can My Employer Force Me to Use PTO During a Workers’ Compensation Claim?
No, your employer cannot legally force you to use PTO before your workers’ compensation benefits begin. However, the company might allow or require you to apply your earned PTO during your workers’ comp claim to cover the difference between your workers’ benefits and your regular wages.
If you are unsure about your employer’s policies on using PTO during a workers’ compensation case, consult your employee handbook or speak directly with human resources. They can clarify whether you must use PTO to bridge the gap between your benefits and regular earnings.
If your company requires PTO to supplement your workers’ comp payments, ensure you know whether filing a claim for workers’ compensation affects your future employment. Additionally, if you believe your rights under workers’ compensation laws have been violated, contacting experienced workers’ compensation lawyers immediately can protect your rights and secure the payments you deserve after a workplace accident.
Can You Get PTO Refunded After Your Workers’ Comp Benefits Start?
If you were required to use PTO due to denied benefits, consider filing a workers’ comp denial appeal to reclaim your 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 Law, which is why you should seek the representation of a workers’ compensation attorney to guide you on your rights.
Can You Use Pension Benefits Alongside Workers’ Compensation Benefits in PA?
If the injuries you sustained cause you to retire instead of return to work, the benefits may be offset by your pension. Under workers’ compensation law, your workplace has the legal right to reduce your benefits by how long the company funded your pension. So, if your company funded fifteen percent of your retirement, 15 percent will be deducted from your benefits until the agreed period has been met.
Know that by law, your workplace and the insurance carrier must give you twenty days’ notice to take credits from your benefits; further, you are entitled to proof of payment for the percentage of pension they are taking from your benefits.
Contact a workers’ comp attorney if your place of employment or the insurance agency won’t comply.
Can You Collect Workers’ Compensation Benefits and Unemployment at the Same Time in PA?
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 company 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’ comp 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 You Receive Workers’ Compensation Benefits in Pennsylvania?
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 if Your Employer Violates Pennsylvania Workers’ Compensation Laws?
If your employer or their 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.
How the Workers’ Compensation Lawyers at Munley Law Can Help with Your Claim
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’ comp claims. We can answer your questions, guide you through the filing process, and hold your place of employment 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’ comp case. We are available 24/7, and we do not collect a fee unless your case is successful.
