When you suffer a workplace injury, a Louisiana workers compensation lawyer will start preparing your claim for benefits. But they won’t kick in immediately. So, what do you do in the meantime? Can you use paid time off during a workers comp case?
Here are the answers you need on this topic.
When Do You Start Getting Workers Comp Benefits?
According to Louisiana workers compensation law, you have the right to receive benefits if their injury prevents them from working for at least seven calendar days. You should receive the first paycheck within 14 days after you notified your employer of your injury.
However, you will not get any benefits for the first week out of work, unless you are unable to work for two weeks or more after the date of your workplace accident. For some people, who live from paycheck to paycheck, this is a difficult situation. Thus it is understandable when they start looking for ways of getting some sort of income even for this short period of time.
You Have the Right to Use Paid Time Off during Workers Comp
One of the most common solutions workers find for their first week after a workplace injury is using paid time off – either vacation days or paid sick days. However, you must remember this key aspect: this is your right, not an obligation.
You don’t have to use any PTO while your workers comp claim is pending if you do not want to. If your employer is trying to force you to do this, you should inform your attorney immediately.
Paid Time Off Will Bring More Money than Workers Comp Benefits
Another important aspect you should remember is that replacement wages during workers comp represent just 2/3 of your regular wages. Again, for some employees this may be a problem, especially if they are the main breadwinners in the family.
By contrast, if you use paid time off, you will receive your full wages. But this is not the only aspect you should consider before making the decision.
You Won’t Get Compensation for Medical Costs If You Choose PTO
At this point, you may ask yourself: do I really need to hire a Louisiana workers comp lawyer? Do I really want to strain my relationship with the employer by filing a workers comp claim? Why not simply use paid time off until I’m fully healed?
Here is the main issue with this decision: you will have to pay for your medical care costs. And these are extremely expensive. If you need to be several weeks or months away from work, then your injury is quite serious.
You may have to spend time in hospital, have surgery, take prescription pills and go to physical therapy. All these cost thousands or tens of thousands of dollars. And you will quickly get in debt. In fact, your financial situation will be far worse compared with the option of getting reduced replacement wages on workers comp.
An Experienced Lawyer Can Negotiate a Fair Lump Sum Settlement
Instead of drawing your claim for months and keeping in constant contact with the workers comp insurer, your attorney will try to reach a settlement for a lump sum or a structured settlement.
It is the same thing, with the difference that you can get all the money in a one-time payment or several payments over a period of time. However, you will be free to choose your own doctor and manage your money as you see fit. This means financial independence and peace of mind while you recover from your injuries
Talk to an Experienced Louisiana Workers Comp Lawyer about Your Rights!
Using paid time off is your right, but you should not choose it instead of filing a workers comp claim. An experienced Louisiana workers comp lawyer will help you obtain the benefits you deserve, including compensation for medical treatments.
Do not let your employer pressure you into taking PTO or giving up your right to file a claim after a workplace accident. Call us today to schedule a free case evaluation at 504-420-2755!
