Injured workers receiving benefits often wonder if they can travel without jeopardizing their claim. While a vacation isn’t automatically prohibited, there are important rules, reporting requirements, and potential risks to consider before packing your bags. In New York, workers’ compensation laws focus on protecting injured employees while ensuring benefits aren’t misused, meaning travel plans must be handled carefully.
New York Workers’ Compensation: Travel Is Allowed—With Conditions
Workers’ compensation benefits in New York are designed to cover medical expenses and replace a portion of lost wages while you recover from a work-related injury or illness. The law does not explicitly forbid injured workers from leaving the state or country. However, traveling can raise concerns with your employer, the insurance carrier, or the Workers’ Compensation Board if it appears your trip interferes with recovery or contradicts medical restrictions.
Key considerations before traveling:
- Medical appointments must still be attended as scheduled. Missing or rescheduling too many can harm your claim.
- Work restrictions set by your doctor remain in effect, even on vacation. Activities that contradict those restrictions may be used against you.
- Insurance monitoring is common, and any sign of physical activity inconsistent with your reported injury can trigger an investigation.
Medical Treatment and Appointment Requirements
The Importance of Ongoing Care
New York workers’ comp benefits often depend on compliance with medical treatment. Missing appointments—especially without a legitimate reason—can be seen as noncompliance and give the insurer grounds to suspend or stop benefits. If your treatment plan involves regular therapy, scans, or follow-up visits, you must coordinate your trip around these dates.
Telehealth Options
In some cases, telemedicine may allow you to keep appointments while traveling, particularly for routine follow-ups or progress reports. However, this should be approved in advance by both your doctor and the insurer to avoid complications.
Impact on Surveillance and Claim Integrity
Why Insurers Monitor Vacation Activity
Insurance carriers sometimes use private investigators to ensure claimants aren’t exaggerating their injuries. A vacation, especially one involving physical activities, can be misinterpreted as proof you’re fit to return to work. Even something as simple as carrying heavy luggage or posting active vacation photos on social media could be used against you.
Protecting Your Case
- Avoid activities that contradict your medical restrictions.
- Do not post photos or updates about physical activities online.
- Follow your doctor’s instructions exactly, regardless of your location.
Notifying the Right People Before Traveling While on Workers' Comp
Your Doctor
Before booking a trip, discuss it with your treating physician. They can confirm whether travel is safe and whether it could interfere with your recovery. Having medical clearance documented can protect your benefits if questions arise later.
The Insurance Carrier and Employer
While you are not legally required to seek permission for travel in every case, notifying your insurer and employer helps maintain transparency. Providing your itinerary and confirming you won’t miss any medical obligations can help prevent disputes.
Potential Risks of Traveling While on Workers’ Comp in New York
1. Missed Appointments – Missing required medical visits could result in delayed recovery and suspension of benefits.
2. Increased Surveillance – Being away from home may prompt closer monitoring from the insurer.
3. Perception Issues – Even a legitimate vacation can appear suspicious if it seems inconsistent with your injury claim.
4. Delayed Recovery – Long flights, unfamiliar sleeping arrangements, or physically demanding activities could worsen your injury.
Traveling Internationally While on Workers’ Comp
International trips add additional layers of complexity. Communicating with your doctor, scheduling treatment, and responding to insurer requests becomes more difficult when you’re out of the country. If you are receiving ongoing wage replacement, you must still remain available for required evaluations, hearings, or medical exams. Missing these could lead to benefit termination.
When Travel Is More Likely to Be Approved
You’re more likely to avoid problems if:
- Your injury is stable, and you are in a maintenance phase of treatment.
- The trip is short and doesn’t interfere with your treatment plan.
- You have documented medical clearance.
- All parties (doctor, employer, insurer) are informed in advance.
Practical Steps Before Traveling While on Workers’ Comp
- Get Written Medical Approval – Ask your doctor to note that travel is medically permissible and will not interfere with recovery.
- Coordinate Treatment – Reschedule appointments in advance or arrange telehealth visits.
- Notify the Insurer and Employer – While not always mandatory, transparency reduces the chance of disputes.
- Avoid Strenuous Activities – Follow the same physical restrictions you have at home.
- Be Mindful of Social Media – Refrain from posting vacation photos or videos that could be misconstrued.
Legal Representation Can Help Avoid Issues
An experienced New York workers’ compensation attorney can guide you on how to travel without jeopardizing your claim. They can help ensure compliance with medical requirements, communicate with the insurer, and respond to any disputes that arise after your trip.
If your benefits are challenged because of a vacation, having legal support can make the difference between keeping and losing your workers’ comp payments.
Conclusion
In New York, traveling while on workers’ comp is not automatically prohibited, but it carries risks if not handled properly. The key is ensuring your trip does not interfere with medical care, violate work restrictions, or create the perception that you’ve recovered before you actually have. By obtaining medical clearance, keeping all parties informed, and being mindful of your activities, you can protect your benefits while enjoying your time away.
Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help
If the unfortunate happens and you’ve been injured in an accident, don’t go it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining a work-related injury.
Contact us now for a free legal review.