The workers comp insurance company isn't paying me. Can I use sick leave or vacation time when I can't work?

I was injured at work but I'm not getting paid. Can I use sick leave or vacation?

Most of the time, yes. If you are out of work due to a work-related injury and workers comp has denied your claim and isn't paying you, you may be forced to use sick leave, FMLA, and/or PTO while you recover.

Sick leave and vacation time are earned benefits and you should be able to use them when workers comp isn't paying you, or the insurance company cut off your benefits or you are waiting for a hearing.

Some employers let you buy back your sick leave and vacation time when you later get a workers comp check.

If your claim was accepted, we recommend saving your sick and vacation time for when you need it and using workers compensation benefits for the time off after an injury on the job.

Want an experienced D.C. workers compensation lawyer to answer all of your questions?  

Get the only book that will answer your questions, Protect Your Rights: The Ultimate Guide to D.C. Workers Compensation written by a Board Certified attorney, for free by ordering directly from our website or by calling (202) 393 - 3320.