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Can I Reclaim PTO Time Taken During A Work Injury Recovery

On Behalf of | Aug 20, 2019 | Injured At Work, Personal Injury

Getting yourself involved in an injury is something to be wary of, however, accidents can happen anywhere and due to a wide range of reasons. In most cases, being involved in an accident which resulted from the negligence of another can qualify you for certain compensation in the form of payment for lost wages, property damages, medical care and more, depending on the facts of the case and the damages pursued by your attorneys in Stuart, FL. However, if you have been injured at work, you may be faced with a wider array of problems as in most cases, employers are not interested in reaching a valuable agreement with their employees with regard to claims for workers’ compensation.

In most cases, your employer may suggest to you that you take sick days off work or use your vacation days as recovery time for the injuries which you have sustained whether in the workplace or outside. However, when faced with such challenges, it is necessary that you have the right and experienced attorneys to walk you through the process and ensure that you get the full worth of your case.

If you have been wondering whether or not, it is possible to reclaim PTO time taken during a work injury recovery, then the short answer is yes.

Skilled Personal Injury Attorney Stuart

However, there are certain things you need to know to ensure that you make the right decisions as you pursue your claims. As part of a personal injury claim, it is possible that you will be able to claim for all losses which you have suffered or incurred as a result of the negligence of the defendant. With time off work being a part of the discomfort which you have suffered, you may also be able to add this as part of the damages for which you seek compensation from the defendant. You should note that whether or not you have chosen to get paid for time off (PTO), you can still actively make a claim for this time period.

To better understand the intricacies of demanding compensation for a Paid Time Off (PTO) below are some of the important things you should know.

1.    PTO as Economic Damages

With regards to personal injury claims, there is a need to note that all losses which the victim may have suffered as a result of another person’s wrongdoing may be referred to as damages in which case they can sue for. These damages which are suffered by the victim are characteristically divided into two parts, the economic and non-economic damages.

Working with a skilled and professional attorney will expose you to the full array of damages for which you can demand compensation. The non-economic damages are those that you cannot exactly put a price on, like the pain and suffering endured from injuries sustained from the accident. So, in essence, if you have taken a PTO off work to attend to these injuries and recover, this does not negate the fact that you are in pain which is as a result of the accent.

Economic damages on the other hand, however, are regarded as special damages. This is because they have a specific and exact monetary value attached to them. Some of the economic damages for which you can seek compensation as part of your personal injury claims include;

–    Lost earnings

–    Cost of medical treatment

–    Cost of prescription medicine

–    Diminished or lost earning capacity, property damage,

–    Other types of quantifiable financial losses incurred as a result of the other party’s negligence or wrongdoing.

Both losses, however, have something in common, they can be assigned a monetary value to and calculated even to the last penny. With PTO, when used in connection with injuries which have been caused by another person after an accident, it is considered a part of economic damages.

Work Injury Recovery

If as a result of injuries you have sustained, you have been forced to take a Paid Time Off (PTO) from your work, you are regarded as one who has suffered economic loss and this also demands compensation from the insurance company and at-fault party. Taking off unplanned and unscheduled PTO puts you at a disadvantage as you may have other plans set for the time off work.

Quantifying and claiming PTO in a personal injury case

While claiming PTO may appear to be a simple process, after all, you have been forced by your work to take a vacation to recuperate, there is a need to know that it may sometimes not be as simple as it appears. Assuming you are offered just five sick days a year, those days which can be called on at any time, you may be subjected to the marathon of 5 days off work to aid all-round recuperation and more. With more people failing to take their sick days, you may have amassed over the years 20-25 days of sick leave which will be better at helping you recuperate. However, if you decide to take 10 days off work, you will be entitled to full payment but this means that you may have to work another two years without taking any days off to be able to amass the 10 days which you have used up.

This means that you have been placed at a disadvantage by the accident, making you lose 10 days which may otherwise have been used to plan a special event.

More so, with PTO during accident injuries, you may not necessarily be sitting and lying around as you may need to visit the hospitals for medical help and appointment, this, putting you at another major disadvantaged scenario.

To best guarantee that you can get the deserved compensation, even for the PTO which you have been forced to take out as a result of the accident or injury, there is a need to possess proper documentation of doctors’ appointments, rehabilitation and others, all aimed at ensuring that you are properly documented and that the filing of your claim will be easier.