Can I receive my sick and vacation time while I wait for my New York workers' compensation case to begin paying benefits? Should wages paid while waiting for my workers compensation case to be establish be taxable? What if I do not loose time from work can I still obtain medical benefits?

Sponsored Answer
Leslie G. Tilles - Workers' Compensation - Super Lawyers

Answered by: Leslie G. Tilles

Located in New York, NYThe Klein Law Group, P.C.

New York, NY
Phone: 212-344-9022
Fax: 212-344-0301

View Profile

Yes. Workers may receive sick or vacation time paid to them while they wait for their workers' compensation case benefits to start. The attorney reviewing your case will ask questions regarding wages or sick/vacation time paid. The attorney will request at a hearing that the carrier reimburse the claimant/injured worker his or her sick/vacation time at the compensation benefit rate. The law judge will direct the carrier to make a payment to the employer for a period of time in which sick and vacation time was paid. The injured work should see his or her sick/vacation bank restored with a portion of his or her time. The injured worker must contact his or her accountant at the end of the year for potential reduction of the tax liability. The portion of wages paid as a workers' compensation benefit and reimbursed as sick/vacation time could be nontaxable. Please consult your accountant.

You do not need to lose time from work to receive medical benefits or reimbursement of out-of-pocket expenses. Discuss your lost time if any with your attorney and keep a detailed list of out-of-pocket expenses such as subway fare and medication.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Leslie G. Tilles

Photo of Leslie G. Tilles

I have heard about settlements in New York Workers' Compensation known as a Schedule Loss of Use and a Section 32. Can you explain I only injured my arm?

There are many different types of settlements. As your attorney, it would be my job to review the needs of the injured worker both …

Sponsored answer by Leslie G. Tilles

Photo of Leslie G. Tilles

If I am unable to return to work after my New York State work related injury, can I apply for Social Security Disability?

Yes. Workers' compensation and Social Security cases work well together. The injured worker can receive both workers' compensation …

Sponsored answer by Leslie G. Tilles

Other Answers About Workers' Compensation

Photo of G. Julie Oktanyan

I’ve noticed my repetitive job duties are causing me health problems and pain. Can I file for a workers’ compensation claim in California?

The short answer is that yes, cumulative trauma caused by repetitive job injures can make you eligible to use workers’ compensation. However, …

Sponsored answer by G. Julie Oktanyan

Photo of Russell D. Nicolet

How can I find the best work comp Lawyer in Wisconsin?

First of all, it’s important to remember that the best lawyer for you may not be the best lawyer for someone else. Choosing a lawyer after …

Sponsored answer by Russell D. Nicolet

Photo of Robert L. Campbell

What do I do if I’m injured at work in Louisiana?

After being injured at work, there are three steps you should take, starting immediately. First, seek medical attention. Then, report the incident to …

Sponsored answer by Robert L. Campbell

Call Me

To: Leslie G. Tilles

Super Lawyers: Potential Client Inquiry

Disclaimer »
Privacy Policy »
*Required fields
Page Generated: 0.65030288696289 sec