Legal Question in Workers Comp in Pennsylvania

PTO used on workmans comp case

Recently I was hurt at work and was out for almost 2 weeks ,a total of 7 working days then returned to work. Having been through the system before I expected a check in about 3 weeks. During the time out , I recieved a check from my company who used 5 days of my PTO time without my permision while I was out on workers comp. They paid for the 2 other days I missed. I was upset that they took my vacation time. I never recieved a workers comp check. In my employees handbook it doesn't mention anything about taking my PTO time but I says that I may use it. This about covers what they have written on the subject. I went through occupational health and recieved claim number from companies health insurance and they did cover medical bills and Pt. I am not sure if they reported it or not. Is it legal for a company not to report it after 7 working days and take your hard earned PTO time away from the worker. Can you tell me what are my rights .I believe they are taken advantage of thesystem and me.


Asked on 6/05/09, 7:33 pm

1 Answer from Attorneys
Richard Senker Senker Law Office

Re: PTO used on workmans comp case

Your employer's work comp insurance company should pay you for your days missed after the first 5 days. Therefore, the insurance company should owe you for 2 days. If the company paid you for those 2 days, the insurance company doesn't owe you anything. You may be able to convince your employer to put your PTO hours back in your "bank" if you return to the employer the money they paid you for those 5 PTO days.

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Answered on 6/05/09, 8:20 pm


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