Raleigh Workers’ Compensation Attorneys Answer Questions on Vacation and Sick Time

Employees should understand their rights to supplement North Carolina’s workers’ compensation wage replacement benefits using earned paid time off. Workers’ compensation often covers wage loss, medical expenses, or both, depending on the injury and missed work. You may be reimbursed immediately for any related medical treatment, but wage replacement benefits follow different rules and timing.

Workers’ compensation is designed to provide income for employees who cannot work due to work-related injuries. The replacement pay you receive is often calculated using your average weekly wage. It can take up to two weeks for a claim to be approved and even longer to receive weekly benefits.

In North Carolina, workers’ compensation does not pay for the first 7 days an injured employee is out of work unless he or she remains disabled for at least 21 days. So, an employee who misses 8 to 21 days of work will receive benefits for the days missed after the 7-day waiting period. A worker who misses more than 21 days of work will receive benefits for all the time he or she was out of work, including the first week.

Our Raleigh workers’ compensation attorneys understand the complexities of workplace injury claims and how investigations or denials can jeopardize your recovery. Many people ask us about supplementing income during this waiting period using paid time off (PTO), such as sick or vacation time. For more information about wage replacement options under North Carolina’s workers’ compensation program, see the frequently asked questions below:

No, you cannot be forced by an employer to use vacation time for missed work due to a work-related injury. However, if you want to be paid for the time you were out of work during the 7-day waiting period, it may be necessary to use your accrued vacation or sick time.

Using PTO should be your choice. If an employer retaliates against you or requires you to use vacation time rather than apply for benefits, please consult one of our workers’ compensation attorneys in Raleigh to review your case.

If you use sick days or vacation time (per your employer’s PTO guidelines) to cover a claim that is later approved, you are entitled to the PTO pay and wage replacement benefits.

Yes, sick and vacation time earned by the employee may be used while he or she is receiving workers’ compensation benefits. Most wage replacement benefits equal a percentage of the employees’ weekly income, so they may use PTO pay as supplemental earnings during that time.

In North Carolina, a person’s employment status determines their eligibility for benefits such as workers’ compensation, which varies based on the job contract. If you’re unsure whether you qualify for workplace protections, contact an employment law attorney at Miller Law Group in Raleigh.

If you have been injured at work and have questions about your workers’ compensation benefits, contact us today for a free consultation. The workers’ compensation attorneys at Miller Law Group in Raleigh, North Carolina, are prepared to go the extra mile to get you the compensation you deserve.