Have you ever been in a situation where you were injured at work and had to file for workers’ compensation? If so, you may have encountered a frustrating roadblock: your human resources department using vacation and sick time as requirement for workers’ comp pay. It’s a common dilemma that many employees face, but is it fair or legal? In this article, we will explore the issue of using vacation and sick time before receiving workers’ compensation and discuss your rights as an employee.
What Is the Role of Human Resources in Workers’ Compensation?
The role of Human Resources (HR) in workers’ compensation is crucial in ensuring that employees receive the necessary support and benefits when they are injured on the job. HR departments play a key role in managing the administrative aspects of workers’ compensation claims and providing guidance to employees throughout the process.
First and foremost, HR is responsible for educating employees about workers’ compensation policies and procedures. They should provide clear and concise information on how to report an injury or illness, what documentation is required, and the steps involved in filing a workers’ compensation claim. This ensures that employees understand their rights and know how to navigate the process.
In some cases, HR may also be involved in the return-to-work process. They work with the injured employee, their supervisor, and healthcare providers to develop a plan for the employee’s safe return to work. This may involve modifying job duties, providing accommodations, or implementing a gradual return-to-work schedule.
However, it is important to note that HR professionals do not have the authority to determine whether an employee’s workers’ compensation claim is valid or to deny or approve claims. That decision lies with the insurance provider and relevant legal authorities.
Is It Legal for the Human Resources to Do This?
No, that is not what the law says. North Carolina law says that you do not get paid for missing work the first week, but you begin getting paid the second week. If you miss the third week – or if you get a rating to an injured body part – they have to go back and pay you for the first week.
If you do use vacation or sick time for that first week the insurance company is still obligated to pay you for the first week if you meet the eligibility for it. While they may claim that this is double dipping or a windfall to you that isn’t how the law sees it. You are using up a limited resource – your vacation time, sick time, or personal time off – and thus you didn’t get it for free. Oddly enough we see this misinformation coming from CorVel and state and local employers quite frequently.
Should You Seek Legal Advice or Guidance on the Matter?
If you find yourself in a situation where your human resources representative is telling you that you have to use your vacation and sick time before receiving workers’ compensation, it may be wise to seek legal advice or guidance. This is because workers’ compensation laws can vary from state to state, and it’s important to understand your rights and protections as an employee.
A lawyer can review your employment contract, company policies, and relevant state laws to determine if your employer’s requirement is legal and valid. They can also help you understand the options available to you and provide guidance on the best course of action.
Additionally, seeking legal advice can help you understand the potential consequences of refusing to use your vacation and sick time. It’s important to know whether your employer can take any adverse actions against you for not complying with their policy.
If you need legal advice or guidance regarding a workers’ compensation claim, our experienced attorneys at Oxner + Permar can help. We understand the complexities of workers’ compensation laws and will provide you with the information and representation needed to ensure that your rights are protected. Contact us today for a free consultation!
