Quick Answer There is no law specifically forbidding you from going on vacation while on workers’ compensation. However, just because you are allowed to travel on workers’ compensation does not necessarily mean it is a good idea.
There is no law specifically forbidding you from going on vacation while on workers’ compensation. Serious work-related injuries already have far-reaching effects on your life, and they should not have to make you give up on plans, including vacations. However, just because you are allowed to travel on workers’ compensation does not necessarily mean it is a good idea.
When you are healing from a major injury or serious illness, traveling might make your symptoms worse. And if there is any chance that you will have an emergency and need to contact your doctor, being in another place may make it harder to get in touch.
There is also the issue of your claim itself. If your vacation includes strenuous activities or might lead someone to believe that your injuries are not as bad as you say, it may be best not to go.
Can You Keep Workers’ Comp if You Go on Vacation?
Going on vacation will not cause you to lose workers’ compensation coverage. However, it is important to realize that insurance companies are careful about ensuring they only pay benefits to people who need them. Insurers routinely conduct surveillance on injured workers that might include one or more of the following:
- Trailing you to watch (and possibly record) your movements
- Talking to acquaintances about your capacities
- Monitoring your social media accounts
- Parking near your home to observe your daily activities
In taking these actions, insurers are looking for anything that might jeopardize your claim or discredit you. If you choose to go on vacation, you should make sure no one observing from the outside would reasonably think that you have been exaggerating your injuries.
For example, imagine that you are on workers’ compensation for an injured shoulder, and you decide to go on a pre-planned beach vacation. If you go kayaking with your family, the insurance company could reasonably argue that because you are able to kayak, then your shoulder injury is not bad enough for you to miss work and claim benefits.
Contact Your Adjuster
It may even be a good idea to contact your workers’ comp insurance adjuster and tell them that you are going on vacation. By disclosing this fact up front, you can show that you are not trying to hide anything, and as a result, the insurer may be less suspicious.
Each workers’ compensation case is different, so it is wise to contact a qualified attorney for advice before talking to your adjuster. The accomplished team at Pond Lehocky Giordano has decades of experience helping injured clients understand the many complexities of workers’ compensation claims.
What if You Need to Travel for Treatment?
In some instances, you might find it necessary to travel while you are on workers’ compensation but not to go on vacation. For example, if you need to see a specialist or you live very far from some of your medical providers, you might need to drive or fly a long way to seek treatment.
Many states will reimburse you for travel expenses if you must travel a significant distance for treatment. However, just as workers’ compensation typically requires prior approval to see particular doctors, it is generally best to discuss compensation with your adjuster before traveling. You might receive reimbursement for expenses like:
- Plane tickets
- Mileage (if you drive your own vehicle)
- Lodging
- Meals
- The cost of a rental car
To maximize your chances of receiving reimbursement, make it a point to keep all receipts. If your adjuster refuses to reimburse you for what you believe are reasonable expenses, it is a good idea to consult a workers’ compensation lawyer.
What if You Need to Travel for Work While on Workers’ Comp?
Generally, if you are not working because you are recovering from a work-related injury, you will not be asked to travel for work. You may wonder, though, whether you can collect workers’ compensation benefits if you suffer an injury on a work-related travel assignment.
Generally, the answer is yes. However, most states will not cover your daily commute, and exactly what workers’ compensation covers while you are traveling for work depends on your state.
Things to Consider When Traveling While on Workers’ Comp
If you are considering traveling while receiving workers’ compensation benefits, it is important to run through the following checklist beforehand:
Have You Notified Your Employer?
Being transparent about your claim is vital to its success, and that generally means being upfront with your employer.
Will Travel Impact Your Medical Treatment?
If traveling threatens to interrupt your treatment schedule, it may get in the way of proper healing and jeopardize your insurance claim.
How Serious Is Your Injury?
Even if you do not take your workers’ comp claim into account, traveling with certain injuries simply is not advisable. For example, if you are healing from major surgery, traveling may be very painful and increase your risk of infection.
Does Your Doctor Approve?
Getting your doctor’s approval before traveling on workers’ compensation is crucial. They can tell you whether traveling is safe, given the nature and status of your injury.
If your doctor okays your plans, they may be able to provide written approval. You can then include their statement with your claim documentation.
What Are Some of the Risks Involved in Traveling While on Workers’ Comp?
No matter how careful you are, there is always some risk when you travel while on workers’ compensation. If your insurance company observes or suspects either of the following, there is a strong chance that your claim could be negatively impacted:
- You missed or rescheduled medical care to go on vacation.
- You engaged in activities that contradict your injury claim.
If you believe your workers’ compensation claim has been unfairly influenced because you traveled recently, speak with a workers’ compensation lawyer. Your attorney can evaluate your claim and help you take steps to maximize your chances of a fair settlement.
California’s “Commercial Traveler” Rule
As a rule, most states do not allow workers to collect workers’ compensation if they are injured on the commute to and from work. However, California has a commercial traveler rule that classifies most actions involved while traveling for work as actions in the scope of employment.
This means that if you suffer an injury in California while doing any of the following, you qualify for workers’ compensation:
- Driving between destinations while traveling for work
- Staying in a hotel room at a work-related conference
- Obtaining meals while traveling for work
For example, if you get in a car accident on your way to work, workers’ compensation will not cover you. However, if you are staying in a different city for a work trip and get in a car accident while driving between offices, workers’ comp should apply.
If You Are Unsure Whether You Should Travel While on Workers’ Comp, a Lawyer Can Help
Maximizing your compensation is our priority at Pond Lehocky Giordano. With 250+ years of collective experience and a history of winning over 100,000 cases, our attorneys are prepared to fight for you. Call 1-800-568-7500 or fill out our contact form for a free, no-obligation consultation.
