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Q&A: A Question About Pay and Workers’ Compensation

Question:

Are we required to pay a non-exempt employee for their time spent attending appointments related to a workers’ compensation claim?

Answer: Eric, one of our HR Pros says…

The general practice for payment in these matters depends on a few factors.

If the employee received medical attention on your premises or at your direction during their normal working hours, then they should be paid for time spent waiting as well as time spent with the healthcare provider. In this situation, many employers pay the employee for the full day or shift after an on-the-job injury.

If the employee is out on a leave related to workers’ compensation, then the time they take to attend doctor appointments—even those related to the work injury—are not considered paid working hours. An employee out on workers’ compensation is essentially on an unpaid leave of absence, and whether the time spent on the visit will be paid depends on the workers’ compensation insurance.

In any such situation, we encourage employers to check their state-specific laws on these subjects for any additional requirements or considerations.

 

Eric has extensive experience in HR, management, and training. He has held several senior HR positions, including as the HR & Operations Manager for an award-winning interactive marketing agency and as HR Director for a national law firm. Eric graduated with a Bachelor’s of Science in Economics from the University of Oregon with a minor in Business Administration.

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