Legal Question in Workers Comp in Pennsylvania

workers compensation

If you receive vacation pay, holiday pay, or bereavement pay from your employer while you are off work on workers compensation leave, do you still reveive workers compensation pay for those days?


Asked on 7/08/09, 1:09 pm

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: workers compensation

If you are on Workers' Comp, actively receiving weekly or bi-weekly wage indemnification, you should not receive normal pay. That would constitute a "double recovery." If the non-WC pay is for some time in the past for already-earned remuneration, then there is no double recovery.

If you were injured at work, Comp is primary and the incidentally-paid vacation pay may be accumulated comp time not related to current duties. If there should be a double recovery, a small set-off can take care of the matter.

Do no sign any Supplemental Agreements, Final Receipts or other Bureau documents without consulting Claimants' Counsel.

Good Luck.

TV

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Answered on 7/08/09, 9:08 pm


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