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  1. #1
    Join Date
    Jan 2010
    Posts
    130

    Default Vacation for the Injured Workers

    I get vacation time every year. It is a use it or lose it deal. I have something like 200 hours to use. I was just wondering if you can go on a vacation when you are on w/c?

    I know in the eyes of the WCN, Insurance Company and the employer a injured worker should be at home in bed and not moving. A vacation is only used by the workers who can go to work everyday. When your injured you do not have the benefit of enjoying yourself in the least!! But just thought I would ask. It's a real shame that I have to ask before even thinking about going but just thought someone would have an idea on the subject.

    I thought I read something about it in one of the links but I don't remember what it stated. I know it says you can't leave the states for more than two weeks. I have a friend who wants to give me her time share for a week at a resort out of the county. It will be paid for by her and all I have to do is pay for my plane ticket. She feels bad for me and what our employer is doing to me and thought a weeks vacation would do me a world of good. If she only knew how bad I needed it she would die!!!!

    Thanks for your time in advance!
    Puppet

  2. #2
    Join Date
    Jul 2008
    Location
    ca
    Posts
    857

    Default Re: Vacation for the Injured Workers

    Puppet, as good as a vacation sounds, be very careful. I would run it by your attorney. You might also ask your doctor. I dont know how far your traveling, but you will have to remember your restrictions...

    I hope your friend really is your friend and not trying to set you up for your employer. I thought I had "good friends" at work also. I found out that once your hurt, your poision, and they dont want any and will do anything to get rid of you..

    Please be cautious
    Never doubt that a small group of thoughtful, committed citizens can change the world...indeed...its the only thing that ever has - Author Margaret Mead

  3. #3
    Join Date
    Jan 2010
    Posts
    130

    Default Re: Vacation for the Injured Workers

    Quote Quoting InjuredGypsy View Post
    Puppet, as good as a vacation sounds, be very careful. I would run it by your attorney. You might also ask your doctor. I dont know how far your traveling, but you will have to remember your restrictions...

    I hope your friend really is your friend and not trying to set you up for your employer. I thought I had "good friends" at work also. I found out that once your hurt, your poision, and they dont want any and will do anything to get rid of you..

    Please be cautious
    Thank you so much for the reply InjuredGypsy. I have a call into my attorney. My friend is family too. She is just the rich one of the family lol. I have to work she married into it... She works for shopping money. ( I know must be nice ;o)! But either way it's free and if we are permitted to go I would like it to be something that I can afford.

    My restrictions are really geared to me 100% and I really can't do more than they say at all. Even though I would love to I physically can't. I do remember reading that we can but we just can't leave for more than two weeks without letting the industrial company know. I just don't want to do something wrong without at least looking into it. I guess a little CYA goes a long way.

    Again thank you InjuredGypsy and I will let ya know what the out come becomes.

    Puppet

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Vacation for the Injured Workers

    You'll likely lose your TTD for the "vacation" time.
    You are either disabled due to the injury and paid wage replacement benefits, TTD, or you are not. If you are using vacation/PTO, that is not disability payments...you cannot receive both for the same periods.

    WC is geared to a return to work as soon as is practical. While no one can prohibit you from vacation time, or leaving the country for that matter, your ER/IC can dispute your claim for benefits, and will.
    "Vacation" while "disabled" and receiving comp benefits could adversly affect your rights to those benefits.

  5. #5
    Join Date
    Jan 2010
    Posts
    130

    Default Re: Vacation for the Injured Workers

    I guess they could. I spoke to my attorney and he said go. I might be an injured employee but I am not dead. I am to stick within my restrictions and know my limits. He told me to ask my treating physician and let him know my plans and get a blessing from him. He also went on to tell me in my case I am released to go back to work with restrictions and the employer is the one who wants me at home. He said that all cases are different and restrictions are the key that most fail at. Example would be,,,If my restrictions are no standing for more than 10 minutes at a time then standing in long airport lines would be a no no. Again he said stay within the restrictions. Think about every step of the vacation.

    He said just because I am on w/c does not mean that I sit in my house with the blinds closed, lights off and in bed at all times.

    My attorney gave me this information.

    III. REQUESTS TO LEAVE THE STATE
    (A) Are there restrictions to leaving the state while under the workers’ compensation system?
    Yes, you may not leave the state for more than 2 weeks while under active medical treatment without approval. If you are planning to be outside the state for more than 2 weeks, you must have written approval from the Industrial Commission before you leave the state. Requests to leave the state should be sent to the Claims Division of the Industrial Commission.
    (B) What problems can I expect if I leave the state, for more than 2 weeks, without prior approval?
    If you fail to get approval, prior to leaving the state, the insurance company may suspend your benefits.

    So I think I will get my treating physican on Tuesday and get his blessing before committing to the vacation.
    Puppet

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