[koolstuf59]

I was injuried on the job on April 16 2005 in Pa. I was told the first week i would have to use my sick days to be paid and then workmans comp kicks in. Is this corrct? I dont see why i have to use my benefits for something that was not caused by me. Help.

[aaron]

Many employees prefer to take sick leave time, as they get 100% pay as opposed to reduced workers' compensation pay benefits.

If you are on an (Family Medical Leave Act) FMLA leave, you cannot substitute paid sick leave time for workers' compensation benefits even if you want to. However, if you are on a regular, short-term leave, it is not unusual for an employer to be able to require that you use your paid sick time in advance of claiming workers compensation benefits for the time off.

It is my understanding that under Pennsylvania's worker's compensation law, there are no workers comp benefits for the first seven days, unless the total period of disability from work is fifteen days or longer. I believe that where a period of disability leave will result in wage benefits (that is, it is eight days or longer) the employee may opt between simply receiving workers' compensation benefits (about 2/3 of normal pay) or coordinating those benefits with paid sick leave in order to receive a higher level of compensation.