Many employers will allow an injured worker to use his or her sick and/or vacation time following a work injury. When this occurs, Section 25 of the New York State Workers’ Compensation Law allows for the employer to be reimbursed by the Workers’ Compensation carrier.
When the carrier reimburses the employer for the sick and/or vacation time, the injured worker should then receive reimbursement of the prorated portion of those sick days covered by the reimbursement. In many instances, the worker will not receive all of his or her sick days because his or her employer is being reimbursed at the Workers’ Compensation rate which is often a lesser weekly amount than the actual wages received in lien of sick or vacation time.
If you have been injured at work and have any questions regarding your legal rights under the New York State Workers’ Compensation Law, please feel free to contact our office.