Are You Allowed to Travel While on Workers’ Compensation?

When was the last time you were injured so severely that you needed medical treatment? In 2022, there were over 63,000,000 cases of “preventable medically consulted injuries,” and 6.8% of those injuries happened at work (according to data obtained by the National Safety Council (NSC). No matter the severity of the injury or course of treatment, every one of those patients was told to “rest.” That will always be prescribed by a doctor, but does rest mean going on a vacation? More importantly, are you allowed to travel while on workers’ compensation?

Technically, there are no regulations pertaining to receiving workers’ compensation benefits that would prevent you from traveling or going on vacation. Depending on your injury, your doctor might even recommend that you “get out in the fresh air.” However, taking an extended trip for a vacation could draw unwarranted attention to your case.

The Right to Investigate

Workers’ compensation insurance is run like any other insurance company. Those carriers can investigate and assess any claim to verify its validity. Insurance companies are notorious for looking for ways to deny a claim. That is where you make the decision to go on a vacation while you are receiving workers’ compensation benefits.

As part of their investigation, the workers’ compensation insurance company will often dispatch a private investment to gather evidence of your claim. They will interview your coworkers, supervisor, neighbors, friends, and family. They are looking for proof that the extent of your injuries and potentially diminished quality of life is what you claim it to be.

You also need to be cautious about posting online. Suppose your workplace injury involves chronic back pain, but you post online vacation photos of you swimming, playing volleyball, or carting around heavy luggage. That could be shown as proof that your back problems aren’t as severe as you claim. Even if you don’t post photos from your vacation, the investigator can contact the hotel or resort and interview them about your actions.

Denied Claims or Reduced Coverage

Suppose you plan a vacation and then get injured on the job. Your injury might not be wholly debilitating but limiting. Because there are no laws against travel, you go on the trip but might not be able to fully participate. The insurance investigator can present evidence of you going on vacation, and the insurance company might opt to reduce your benefits or deny your claim altogether.

This doesn’t mean you’re being accused of insurance fraud. It just means the insurance carrier has the right to reduce or deny that claim. There could also be an issue pertaining to following your doctor’s orders. For instance, if your doctor has prescribed you 12 sessions of physical therapy, but you stop going after eight because you feel better. The fact that you didn’t complete the course could be another way to demonstrate that your injury isn’t as much of a hardship as you’ve made it out to be.

Job Displacement Benefits

Some workplace injuries prevent you from returning to the same job. In those situations, you could be entitled to job displacement benefits. That means you are able to work but in a different position at a different company. One of the conditions for receiving those benefits is that you need to be consistent with your job search. That job search should also continue if you’re on vacation. If it can be established that you aren’t looking for a job, it could be another reason to reduce your benefits.

Appeal Options

If you travel or go on vacation, and it impacts your workers’ compensation benefits, you are entitled to appeal any decision. Before you activate that appeal process, you need to discuss your situation with the Thomas Law Offices. We have helped many clients navigate through the initial filing process for workers’ compensation claims and an appeal.

Each state has different regulations regarding how an appeal is handled. We have a thorough understanding of all the laws and what it takes to present a strong counterargument to help our clients achieve their maximum benefits.

Not every injury requires you to stay cooped up in your home. However, you have to be aware of how your actions might be perceived by an insurance company looking to deny paying out benefits. When you are in doubt, speak to an attorney.