Can I Get Vacation Pay While on Workers Compensation in New York?

By Anna Duncan

If you are an employee in New York and have suffered an injury or illness while on the job, you may be eligible for workers’ compensation benefits. These benefits can help cover your medical expenses and provide you with a portion of your lost wages while you recover.

However, many employees wonder if they are also entitled to vacation pay while on workers’ compensation. In this article, we will explore this question and provide you with the information you need to know.

What is Workers’ Compensation?

Workers’ compensation is a system designed to provide financial and medical benefits to employees who have suffered injuries or illnesses as a result of their job. In New York, employers are required by law to carry workers’ compensation insurance for their employees. Workers’ compensation benefits can include medical expenses, lost wages, and vocational rehabilitation.

What is Vacation Pay?

Vacation pay is a benefit that many employers offer to their employees. This benefit provides employees with paid time off from work for vacation or personal reasons. Vacation pay can be accrued over time or provided as a lump sum at the beginning of the year.

Can I Get Vacation Pay While on Workers’ Compensation in New York?

The short answer is no, you cannot receive vacation pay while receiving workers’ compensation benefits in New York. This is because workers’ compensation benefits are designed to replace lost wages while you are unable to work due to your injury or illness. If you were receiving vacation pay while on workers’ compensation, it would essentially mean that you were being paid twice for the same time period.

Exceptions

There are some exceptions where an employee may still receive vacation pay while on workers’ compensation in New York. For example, if your employer requires that you use your accrued vacation time before receiving workers’ compensation benefits, then you may be entitled to use that vacation time during your recovery period. However, you will not be able to receive both vacation pay and workers’ compensation benefits for the same time period.

Conclusion

Workers’ compensation benefits can provide much-needed financial support to employees who have suffered injuries or illnesses on the job. While it may be disappointing to learn that you cannot receive vacation pay while on workers’ compensation in New York, it is important to understand that these benefits are designed to help replace lost wages during your recovery period. If you have any questions about your workers’ compensation benefits, it is always best to speak with an experienced attorney who can guide you through the process and ensure that your rights are protected.