Do you still accrue vacation while on workers’ compensation?
Workers Compensation - September 18, 2025
Generally, injured workers do not accrue vacation time while receiving workers’ compensation. However, you should ask an Aurora workers’ compensation lawyer from Horwitz, Horwitz & Associates to review your employment agreement. Some employers do allow injured workers to continue earning vacation time while out on leave.
How do I know if I can build vacation time while receiving workers’ compensation?
Workers usually accrue vacation time while working. Those collecting workers’ compensation insurance are not working, at least not at full capacity. This nonworking status typically prevents injured employees from accruing time during their recovery.
It’s still wise to review your employee handbook and speak to human resources about vacation-time policies. Your employer may have special allowances in place. A workers’ compensation attorney can also help you find the answer to this question and others.
For example, workers’ compensation covers medical bills and partial wages until you return to work and collect regular wages. There are 5 different workers’ compensation benefits. What you get depends on your situation. An attorney can help make sure you get the type of benefits you deserve.
Do I have to change my vacation plans if I’m receiving workers’ compensation benefits?
There is no law against taking a vacation while on workers’ compensation. However, it is possible that taking a trip could hurt your claim. Going away could disrupt your medical treatment. A lack of compliance with treatment orders could put your benefits at risk.
Employers and insurance companies often work with private investigators and their own lawyers. They could take photos of you, or collect vacation photos from social media, and use them to undermine your claim or allege fraud.
Even spending long hours on a plane or in a car to travel to your destination could harm your claim. Before making any travel plans, talk to an experienced workers’ compensation attorney so you can avoid making costly mistakes.
A vacation may help you heal
Sometimes, taking a vacation could support your recovery. If you are on total disability, a vacation could improve your mental and emotional health. An uplifted mindset supports physical recovery. Your lawyer can help you make the best decision for your health and your claim.
Does workers’ comp count against my paid vacation time?
Workers’ compensation leave does not count against your paid vacation time. If your employer docks you for vacation days or paid time off (PTO) when you are collecting benefits, tell your attorney right away.
Most Illinois employers must purchase workers’ comp insurance to cover workers injured on the job. The purpose of the system is to protect workers from being penalized for getting hurt at work. Injured employees are entitled to workers’ compensation leave. Employers cannot impose any penalties, such as charging the workers vacation days, for taking that leave.
How can a workers’ compensation attorney help?
Our experienced team knows the Illinois Workers’ Compensation Act inside and out. We can help you file your claim, gather evidence to support it, and deal with any complications that arise. You may have questions about accruing vacation time, going on vacation, or whether bonuses are included in workers’ compensation.
We can get you answers and protect your rights. You have already suffered a physical injury. You should not experience financial injury because an employer or insurance company tries to get payback for your benefits by compromising your employment agreement.
Committed to protecting your rights
The workers’ compensation lawyers from Horwitz, Horwitz & Associates know your rights as an injured worker and are committed to protecting them. Connect with an experienced workers’ compensation attorney by calling (800) 985-1819. You can also reach out online. We are ready to fight to get you the workers’ compensation you rightfully deserve.
