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Getting Your Personal Time Back From Work after an Injury

Erwin, McCane & Daly | Monday, June 04, 2018
It is a common occurrence for those who suffered a workplace injury and filed a workers’ compensation case to have to use the personal time they accrued from their job while they wait for their case to go through. Once they are well enough to return to work, they will have used up most of, if not all, of the time off that they saved. This begs the question, if the option is available, how does an employee get their time back? 

Returning to Work after an Injury

Employees who have sustained a workplace injury but have become well enough and cleared to return to work have the right to do so, but, may have lost personal or sick time that was accrued while they were working. 


An employee who had to use personal time in order to cover the period of time between leaving work and the start of their workers’ compensation benefits may be eligible to buy back the time that they used once they are well enough to return to work. In accordance with the United States Department of Labor “Each agency establishes its own rules for whether they allow leave buy back (LBB), timelines for submission, etc.” In order to move forward with LBB and to have your claim processed, you will need to discuss with your employer whether or not they allow LBB to take place. For those that do allow LBB, a CA-7 form will need to be completed and submitted. 


Navigating claims and form submissions can be a daunting task to take on which is why you are encouraged to work with an experienced attorney throughout the duration of your case. The attorneys at Erwin, McCane & Daly have extensive experience representing injured workers in New York State workers’ compensation claims. While working with our firm you will have access to your attorney, as opposed to a paralegal or assistant, throughout the duration of your case. To learn more about how we can manage your case and give you an idea of what you can expect from your case, contact us to schedule a consultation!