Skip to main content

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.

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.

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 …

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 …

Sponsored answer by Leslie G. Tilles

Other Answers About Workers' Compensation

Photo of Michele Eileen Norton

How Can A Lawyer Help Me Obtain Workers’ Compensation Benefits In Massachusetts?

People who suffer work-related injuries in Massachusetts may question if they need a lawyer’s help to file …

Sponsored answer by Michele Eileen Norton

Photo of Vincent P. Scallan

What types of workers’ compensation benefits are available in Louisiana?

First and foremost, Louisiana law says that you cannot be fired for filing a workers’ compensation claim. …

Sponsored answer by Vincent P. Scallan

Photo of Donald A. Caminiti

What benefits can a lawyer help me obtain in a New Jersey workers’ compensation claim?

When you suffer an injury at work, your financial picture can become cloudy. With uncertainty about your ability …

Sponsored answer by Donald A. Caminiti

Call Me

To: Leslie G. Tilles

Super Lawyers: Potential Client Inquiry

Required fields are marked with an asterisk (*).


The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

Page Generated: 2.2324831485748 sec