Vacation on Workers’ Compensation: What Are the Rules?

by Rosen & Ohr, P.A. | Workers' Compensation Blog
Worker's Compenstation

You are certainly still allowed to go on vacation even while you are receiving workers’ compensation. However, you should give strong consideration to the activities you plan on engaging in and the appointments you may be missing because of your vacation.

It is important for an injured person to understand that when they are receiving workers’ compensation benefits, their activity could be monitored by private investigators for the insurance company. An injured worker taking a vacation could provide a very good opportunity for investigators to document activities that may indicate that the victim is not as hurt as they claim to be. These activities could be used to terminate the worker’s benefits.

If you need help obtaining workers’ compensation and have concerns about how an upcoming vacation could affect your benefits, make sure that you have legal representation. An experienced attorney will know how to help you get and keep your benefits while you enjoy your vacation.

Rosen & Ohr, P.A., has been helping clients throughout the greater Hollywood and South Florida area for more than 45 years. Call us or contact us online to schedule a free consultation.

Florida Workers’ Compensation Laws about Vacation

Florida Statute § 440.15(1) establishes that 66 ⅔ percent of the average weekly wages – up to a capped maximum – will be paid to an employee with a permanent total disability during the continuance of the disability. However, no compensation will be paid if the employee is engaged in, or is physically capable of engaging in, at least sedentary employment.

A person with a permanent total disability should avoid partaking in any activities on vacation that could be construed as being evidence of capability to perform sedentary employment.

Similarly, Florida Statute § 440.15(4) provides that temporary partial disability payments will be made until an employee reaches maximum medical improvement. When an employee with a temporary partial disability performs activities during their vacation that they were claiming they could not do, it could again lead to a possible loss of benefits.

Limitations While Vacationing on Workers’ Compensation

It is extremely important for a person who is receiving ongoing treatment for their injuries to not miss any scheduled appointments because of a vacation. Failure to keep a medical appointment could have a devastating effect on the status of your workers’ compensation benefits.

Make sure before you plan your vacation that you will not be interfering with your scheduled care. Also, be certain to get your doctor’s approval to participate in certain activities on vacation.

Surveillance by Insurance Companies While on Vacation

Private investigators are commonly employed in workers’ compensation cases in which the insurer may have suspicions about an injured employee’s health. For instance, if you claim that you cannot lift objects, but you are spotted on vacation carrying your children on your shoulders or roughhousing with them in the pool, the insurance company may claim that you are not hurt as badly as you claim you are.

A private investigator does not necessarily have to follow you to your vacation destination in order to track your activities. They may gain access to your social media accounts to view the updates you post there about your activity, which is a major reason you should think twice about whatever you might share on social media.

Pay from Workers’ Comp While on Vacation

You can continue to receive benefits while you are on vacation, but you may have to satisfy other requirements during this time. You should make sure to discuss your case with an attorney so you can be sure that you do not do anything that jeopardizes your benefits.

Do you need help obtaining workers’ compensation in Florida? Contact Rosen & Ohr, P.A., as soon as possible. Our firm’s record of success includes a $615,000 Workers’ Compensation settlement for a construction worker that included a Medicare Set Aside Trust for our client. Our lawyers can explore all of your legal options when you call us or contact us online to schedule a free consultation.