Workers' Compensation Discussion Forums

Does an employee have to use his sick days before he goes in workmen's comp? The state of Illinois.

Illinois work comp laws don't control an employers leave policy and does not require sick leave usage for any disabililty period.
the first 3 days of an Employees disability is not compensated by workers compensation until they have been disabled for more then 14 days.
Whether an employee is allowed to use accrued leave is up to the employer.

Since my claim was denied I used all vacation, personal and sick leave so I would be paid until the Judge turned things around. Being denied my employer looked at is as if I was out on sick leave.

Sorry Buddy! I am not conscious about this.

I am in Illinois and my employer used all my vacation and sick time, before my Short turm disabillity kicked in. I also had to use FMLA and I was not asked, They just did it.

As others stated, there is a 3 day waiting period before workers compensation benefits begin. If the injured worker is of work for longer than 14 days, they are paid the waiting period.

Workers compensation and sick leave are separate benefits. Whether or not the employee is allowed to take sick time for the waiting period is up to the employer's policy. However, the employer cannot require that the injured worker use up their sick time before they receive WC benefits. If you are off longer than 3 days, workers compensation temporary total disability benefits start.