New Jersey employees receiving workers' compensation often wonder if they're allowed to take a vacation while collecting benefits. The short answer? It depends. Taking time away doesn't automatically violate workers’ comp rules, but how you vacation—and what you do during it—can significantly impact your claim. If you're not cautious, you could jeopardize your benefits or even face accusations of fraud.

This article explores what New Jersey law says about vacationing while on workers’ compensation, the risks involved, and how to protect your rights while recovering.

New Jersey Workers’ Compensation Basics

New Jersey’s workers’ compensation system provides medical treatment, wage replacement, and disability benefits to employees who are injured or become ill due to their job. The benefits fall into several categories:

• Temporary Total Disability (TTD): Payments while you're unable to work but expected to recover
• Permanent Partial Disability (PPD): Compensation for a permanent injury that partially limits your ability to work
• Permanent Total Disability (PTD): Long-term payments if you can't return to any gainful employment
• Medical Benefits: Coverage for all necessary and authorized treatment related to the work injury

Eligibility for these benefits requires compliance with treatment plans and other guidelines set by doctors and insurers. That includes physical therapy, appointments, and sometimes staying within a specific activity level.

Is It Legal to Travel While Receiving Workers’ Comp in NJ?

There is no law that explicitly prohibits injured workers from traveling or going on vacation while receiving benefits in New Jersey. However, legality and advisability are not the same.

What matters most is whether the vacation activity conflicts with your recovery plan or suggests you're not as injured as claimed. If you're receiving temporary total disability benefits but are seen engaging in physically demanding vacation activities—like hiking, skiing, or even carrying heavy luggage—it can raise red flags for the insurance company.

Key points to consider:

• No appointments missed: If you skip scheduled medical appointments or physical therapy while away, you risk losing your benefits.
• Physical activity is monitored: Insurance companies often hire private investigators to monitor claimants. If they capture footage of you doing anything inconsistent with your medical restrictions, your claim could be challenged.
• Reporting travel is wise: While not always required, informing your doctor or claims adjuster of travel plans is recommended. It demonstrates transparency and helps avoid misunderstandings.

Common Missteps That Can Jeopardize Benefits

Engaging in Contradictory Activities

The most common way injured workers put their claim at risk is by engaging in physical activities while on vacation that conflict with their documented limitations. For instance, someone with a back injury caught jet skiing or dancing could be accused of exaggerating or faking the injury.

Posting on Social Media

Social media is a powerful tool for insurance investigators. Photos of you at the beach, sightseeing, or doing activities outside your restrictions can be used to challenge your claim—even if those photos don’t tell the full story. A simple post can be taken out of context and interpreted as evidence of fraud.

Missing Medical Appointments

If your trip causes you to miss an exam or delay treatment, the insurer may suspend benefits under the assumption that you're not taking your recovery seriously. Staying compliant with all medical instructions is non-negotiable in a workers' compensation case.

How Insurance Carriers Monitor Travel

Insurance companies are well within their rights to investigate claims. This often includes:

• Surveillance before, during, and after a reported trip
• Social media tracking to find evidence that contradicts injury claims
• Medical record audits to ensure treatment and recovery timelines are consistent

In one New Jersey case, a woman receiving workers’ compensation was filmed participating in Zumba classes while claiming she couldn’t work due to a neck injury. Her benefits were revoked, and she was charged with fraud. Even without malicious intent, such discrepancies can cause serious consequences.

Best Practices If You Plan to Travel

Talk to Your Doctor First

Your doctor’s medical opinion is key. If they approve light travel or a change of scenery—within reason—it can protect your claim. Make sure you get this in writing and avoid any activities that exceed your current physical restrictions.

Notify Your Attorney or Claims Adjuster

While you're not always legally required to tell your insurer, doing so can prevent complications. Let them know the dates, destination, and how you plan to maintain your medical treatment schedule while away.

Stick to Your Treatment Plan

Continue taking any prescribed medication, attending virtual appointments if applicable, and following any physical limitations while on vacation. Any deviation from the treatment plan could cast doubt on your injury’s seriousness.

Avoid High-Risk Activities

Stick to passive or relaxing activities like reading, dining, or light sightseeing. Avoid strenuous activities, sports, or anything that could worsen your condition—or appear to contradict your medical restrictions.

When Travel Can Help Recovery

In some cases, limited travel may even aid in recovery. A change of environment, lower stress levels, or family support can have emotional and psychological benefits. However, it must always align with the physical restrictions prescribed by your doctor.

In mental health-related claims—such as post-traumatic stress from a workplace event—doctors may recommend travel as part of a holistic recovery. The key is transparency and documentation.

Legal Help Can Offer Peace of Mind

Before planning any travel while on workers’ comp, it's wise to consult an experienced New Jersey workers’ compensation attorney. They can help review your situation, advise you on the safest course of action, and protect your benefits from being unfairly challenged.

Trying to navigate this gray area without guidance can lead to mistakes—even if you have good intentions.

Conclusion

Taking a vacation while receiving workers’ compensation in New Jersey is not illegal—but it’s not without risk. If done carelessly, it can cast doubt on your injury claim or lead to lost benefits. The smartest move is to remain transparent with your medical providers, follow your treatment plan to the letter, and get legal advice before traveling. With the right precautions, you can take care of your health—and your peace of mind—while recovering.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New Jersey workers’ comp claims can be challenging. Fortunately, you don't need to do it alone. The experienced workers comp lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.