Accidents never occur at convenient times – sometimes, they happen around planned vacations, or during the holidays. If you’re currently recovering from personal injuries and are receiving workers’ compensation, don’t assume that you won’t be allowed to receive vacation pay, too. It’s possible for workers to collect benefits from both.
Defining Workers’ Compensation
As an employee, it’s important to understand your protections in the workplace. Workers’ compensation insurance helps to protect you as well as your employer from financial loss when you’re injured while working, or you become fill from a work-related cause.
Workers’ compensation can cover expenses including:
- Medical bills, including X-rays and hospital stays
- Ongoing care costs
- Lost wages from missing work
- Funeral expenses if an employee dies
Workers’ compensation is paid by your employer’s insurance and does not cover any injuries sustained from being intoxicated in the workplace, injuries sustained from a fight started by the employee, or any emotional injuries that exist without physical trauma.
Collecting Holiday Pay & Workers’ Comp: Union Members
If you’re a union member and your employers has a collective bargaining agreement, you may be eligible to access your holiday pay while receiving workers’ compensation benefits. In most cases, vacation pay would be taken out of your compensation checks if you’re currently receiving workers’ compensation. Your agreement may allow you to receive both.
What If You’re Not a Union Member?
If you don’t belong to a union, the terms of your employment contract may be able to help you access your holiday pay without it being docked from your compensation. Some employers require workers to have been working within 60 days of vacation in order to receive holiday pay. If your contract states that vacation pay is calculated based on work performed for a certain period prior to the holiday, it’s possible to receive the pay while you have workers’ compensation.
We Can Help You Collect Successfully
Navigating employment and personal injury law can be confusing and involve a lot of paperwork and details. Our attorney has years of experience and can examine your contract to determine whether it’s possible for you to be paid for the holidays while you recover from your injuries using workers’ compensation.