Understand how taking a vacation while receiving workers’ comp benefits
could affect your claim in Charlotte
A work injury can turn your world upside down. Suddenly, the busy routine you knew is replaced with doctor’s appointments, physical therapy, and probably a lot of downtime. While recovery is crucial, that unexpected time off might have you dreaming of a getaway—a chance to escape the stress and recharge your batteries.
But can you actually take a vacation while receiving workers’ compensation benefits?
While the answer isn’t a simple yes or no, this article will help clear up some of the uncertainties around the issue. We’ll discuss the legalities of vacationing while on workers’ comp, potential issues to consider, and key steps to ensure your North Carolina workers’ compensation benefits are protected.
Can you get workers’ comp while on vacation or taking personal time?
So, the short answer is yes. Under North Carolina workers’ compensation law, there’s nothing that explicitly prohibits you from receiving benefits while on vacation or taking personal time.
The purpose of workers’ compensation is to compensate workers for injuries or illnesses sustained through their employment, regardless of their whereabouts during recovery. So, theoretically, you could continue to receive workers’ comp benefits while on vacation, provided that your injury or illness prevents you from working and meets the necessary criteria for eligibility.
However, it’s essential to consider the specific circumstances of your injury, any medical restrictions imposed by your treating physician, and the potential implications for your claim before making any travel arrangements.
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Potential issues with taking a vacation while on workers’ comp
While the idea of a relaxing vacation might be tempting during your recovery from a work injury, there are a few potential issues to consider before booking your trip.
Raising red flags with the insurance company
Workers’ compensation insurance companies have a responsibility to ensure that benefits are going to truly injured workers.
If you’re jetting off to a tropical paradise while supposedly unable to work, it could raise red flags and lead them to question the severity of your injury. This might result in a denial of benefits, a request for a medical re-evaluation, or even an investigation into potential fraud.
Missing medical appointments or physical therapy
A crucial part of recovering from a work injury is following your doctor’s prescribed treatment plan. This might include regular doctor’s appointments and physical therapy sessions.
If taking a vacation disrupts this schedule and potentially delays your recovery, the insurance company will likely argue that you’re contributing to your injury and cancel your benefits.
Engaging in activities that contradict your injury
If you inadvertently engage in activities on vacation that contradict the severity of your claimed disability, that could lead to challenges from the insurance company regarding the validity of your benefits.
Sharing photos or updates online that suggest a higher level of physical capability than your claimed disability could raise red flags and prompt further scrutiny of your claim. Even seemingly harmless posts could be misinterpreted or used against you in a legal dispute, so be sure to exercise discretion in what you share on social media.
Travel restrictions due to your injury
Depending on the nature of your injury, your doctor might advise against certain travel activities like long flights, strenuous hikes, or even specific climates. Disregarding these restrictions could worsen your injury, potentially leading to additional medical bills and a denial of future benefits.
Top 10 Mistakes To Avoid After a Work Injury
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Does workers’ comp follow you around?
Workers’ compensation insurance adjusters typically don’t “follow you around” in a physical sense, but that doesn’t mean that they’re not monitoring what you’re doing while off of work.
While it’s true that they probably won’t be lurking on the beach with binoculars (unless your case is especially costly or involves suspected fraud), that doesn’t mean they’re oblivious to your activities during your time off.
As part of their job to ensure benefits are going to those who truly need them, workers’ compensation insurance adjusters will typically monitor things like:
- Medical records and appointments. Insurance companies have the right to access your medical records related to the work injury to verify the extent of your injury and your treatment plan. They might also request updates from your doctor or physical therapist. Be aware that any failure on your part to attend appointments or follow through with treatment could cause your benefits to stop.
- Work restrictions. Investigators monitor any work restrictions provided by your doctor and verify that you’re complying with these restrictions to prevent further injury and facilitate a safe return to work when cleared.
- Online activity. As mentioned, investigators may monitor your social media accounts and online activity, searching for posts, photos, check-ins, or updates that could provide insights into your activities, lifestyle, and overall condition. This includes checking for any activities that suggest an improvement in your health status or contradict your reported limitations. Another crucial point: just because your account is “private” doesn’t mean that investigators won’t be able to access it, so try to limit or avoid posting on social media whenever possible.
Generally speaking, being cautious and transparent about your activities, both offline and online, can help protect the integrity of your claim and ensure that you continue to receive the benefits you’re entitled to.
If you have any doubts about what you can and can’t do while receiving workers’ comp, it’s always best to discuss your situation with an experienced work injury attorney.
How can I protect my workers’ comp benefits if I choose to go on a trip while off work?
If you choose to go ahead with a vacation while on workers’ comp, here are some tips to help you safeguard your benefits:
- Get your doctor’s approval. Always get written permission from your doctor for any vacation plans. This document should state that the trip won’t interfere with your recovery or treatment schedule.
- Inform the insurer. Secrets will often come back to haunt you. It’s best to notify the workers’ comp insurance company of your intention to take a vacation. Provide details about your travel plans, including dates and destination, and give them a copy of your doctor’s written permission for the trip.
- Follow your doctor’s restrictions. Stick to your doctor’s restrictions, and don’t engage in any activities that could worsen your injury, even if they seem harmless.
- Choose a restorative trip. Skip the adventure tours and opt for a relaxing vacation that promotes healing. Think beaches, nature walks, or light sightseeing, all within your doctor-approved limitations.
- Maintain your treatment schedule. Schedule any necessary appointments (doctor visits, physical therapy, etc,) before or after your trip to avoid disruptions. You could also consider options for telehealth appointments if available.
- Be cautious with social media. Avoid sharing photos or videos online that contradict your injury limitations, or consider taking a break from social media altogether while on your trip.
By following these tips and taking proactive measures, you can help protect your workers’ comp benefits while off work and on a trip, ensuring that you can enjoy your time away while safeguarding your claim.
Have questions about your Charlotte workers’ comp claim? We can help!
Navigating the complexities of workers’ compensation can be challenging, especially when it comes to understanding your rights and responsibilities while on leave.
If you have questions or concerns about your workers’ comp benefits and want expert guidance to ensure you’re maximizing your compensation, don’t hesitate to reach out to Wilder Pantazis Law Group in Charlotte.
With over 85 years of combined experience, our seasoned work injury attorneys have seen and heard it all when it comes to workers’ comp cases. You can trust that our team will provide you with knowledgeable advice and dedicated advocacy to help you navigate your claim successfully.