Can You Go on Vacation While on Workers’ Comp?

No, New York workers’ compensation law doesn’t require you to formally notify your employer or insurer every time you leave town. That said, transparency is generally in your best interest, especially if there’s a chance your independent medical examination (IME), hearing, or any other proceeding could be scheduled during your absence. The last thing you want to do is miss something because you didn’t let anyone know you’d be unavailable. If you’re represented by an attorney, discuss this with them before you go.

If an insurance carrier challenges your claim because they have evidence your trip contradicts what you’ve reported about your injury and limitations, they may end up using it to argue that your injury is less severe than stated and that you’re capable of working or that your benefits should be reduced or terminated altogether. As mentioned above, the best protection against these types of situations is to just make sure your behavior is consistent before, during, and after your trip.

If something like this happens, your workers’ compensation attorney can help you respond and contest any unfair efforts to reduce or eliminate your benefits.

Yes, insurance carriers have the legal right to investigate claims at any time, including while you’re traveling. They may hire private investigators to conduct surveillance, which could include recording video in public places or monitoring your social media activity; this is relatively common in active claims.

What investigators are looking for is evidence that you’re doing things that contradict your stated physical limitations. Anything from footage of you lifting luggage overhead or jogging on a beach could be submitted as evidence in a claim dispute.

Your insurance carrier could see it as a failure to cooperate with your treatment, which might then be used as grounds to challenge your workers’ compensation benefits. It can also create a gap in your medical records that would make it harder to track the ongoing impact of your injury.

If something unexpected causes you to miss an appointment, make sure to document the reason and let your attorney know as soon as possible.

Whether a reinjury affects your claim will ultimately depend on the nature of the new injury and how it happened. For instance, if you reinjure the same body part you’re already being compensated for, the insurer may argue that your recovery was set back because of your own conduct and that they shouldn’t be responsible for the additional treatment; this is especially true if you were performing an activity outside your stated physical limitations.

On the other hand, if the reinjury is unrelated to your original claim and it occurred during a reasonable activity, it’s less likely to complicate your existing claim. Either way, regardless of what happened, report the reinjury to your treating physician immediately, and notify your attorney as well.