answersLogoWhite

0

Labor and Employment Law
Workers Compensation
Income Garnishment

Can an employer force you to use your vacation pay for workman's comp?


Top Answer
User Avatar
Wiki User
Answered 2009-10-08 14:22:15

In California, No, an employer cannot make an injured employee use his/her vacation pay for workman's compensation Unless the employee is using sick days/ or vacation time to heal an injury.

However, if an employee was injured while on the job, he/she should report it to the HR office go get medical treatment preferably from his/her doctor and then if necessary file a workman's comp claim and collect workmen comp benefits.

I'd suggest considering how injured one is, how much time is required to heal, and whether or not the injury was 100% from an unsafe working environment. If the time off from work is an extensive period of time, it is better to file a workers comp claim.

If one would only be off of work for a few days, to one week it might be better to discuss / negotiate with the HR about time off and vacation pay. Depending on the whether it was unsafe working environment or just an accident ..(only my opinion

001
๐Ÿ™
0
๐Ÿคจ
0
๐Ÿ˜ฎ
0
๐Ÿ˜‚
0
User Avatar

Your Answer

Loading...

Still have questions?

Related Questions

Can an employer make the employee pay for workmans comp?

can a employer make the employee pay weekly for workmans comp or disability insurance


Can your employer charge a 1099 employee for workmans comp?

An employer should not charge a 1099 employee for workman's comp. If you get a 1099 you are not in an employer, employee relationship You are an independent contractor.


Can an employer keep your vacation pay while out on workers comp?

can an employer keep my vacation pay while out on workers comp?


If you are on workmans comp can your employer take that against your fmla time of 12 weeks?

No


What can you do if an employer fails to file a claim on workman's comp?

Contact the state you live in workmans comp office and file a complaint.


Is the employer liable to pay workmans comp to employees who worked under the table?

Yes - even in the absence of a workers comp policy, the employer is responsible for a work related injury


What if your hurt at work and dont have workmans comp?

if your employer doesn't have workers comp insurance then you sue the company directly. Find a good lawyer.


What if your employer requires you to return to work and you are on workmans comp and your doctor has not released you to work and fmla is over can the employer and fire you?

yes they can and will probably fire you.


You were fired from a new job after the empoyer found you had a workmans comp claim from another employer It that legal?

No you cannot be fired.


Employee falls on street curb going home from work is it workmans comp?

Yes, it employer maintains curb


Can an employer tell his employees if someone is out on workmans comp?

Certainly. WC claimants have no expectation of privacy. Folks injured at work get workers comp, and that's no secret.


Do you have to report long term disability checks to workmans comp?

what earnings must i report to workmans comp


Is an owner of a corporation exempt from workmans comp insurance?

Yes, if you own a business, you can not collect workmans comp for yourself.


Is it true Workmans Comp has only 9 years to collect then they can stop all Workmans Comp payments and treatments?

no


If you have a workmans comp claim and settle out of court is the workmans comp company required to cover the same injury for the rest of your life if you hurt that area again will workmans comp pay?

i lost a finger in 1983 do i get money for that


How much does workmans comp pay back surgery?

If you get hurt at work and have vacation's day do the give you your vacation day fist?


Who pays for your health insurance while you are out on workmans comp?

Workmans' comp law does not require your employer pay health benefits beyond treatment of the injury. Your employment (e.g., union) contract may require continuation of benefits, however. And FMLA can quarantee 12 weeks of continued employer contribution. After that you must be offered COBRA continuation.


Who do you contact about workmans comp fraud?

The employer, the insurance company, your state board of insurance and your state's workers' compensation bureau are all good to contact about Work Comp insurance fraud.


What is the maximum withholding for workmans comp?

4.5%


If you retire is workmans comp still have to pay your medical?

workmans comp is supposed to pay for the life of the injury, check with you lawyer, but that's what my lawyer told me.


What is the maximum amount of time to settle a workmans comp case?

Each state has a different amount of maximum time to settle a workmans comp case.


If you are drawing workmans comp and working at your job part Tim and workmans comp pays you the difference and you get sick and are out of work a few days will workmans comp still pay you the differ?

As each state's criteria for eligibility and amount of workman's comp payable differs, you need to contact your state's office for clarification.


Can an employer force an employee who is on workers comp to do volunteer work?

Absolutely not! No.


Can workmans comp insurance charge an employer for vacation and holiday pay?

That is dependent upon state laws which govern Workman's Compensation Insurance. In some states any back benefits, holiday and vacation pay will be included as a "lump sum" if the person has been diagnosed as long-termed or permanently disabled.


What are the spouses rights in workman's comp cases?

Can my spouse sue on my workmans comp case?