If you sustained an occupational injury or illness that keeps you from working during the holidays, the resulting time off might seem like an excellent opportunity for a vacation. However, if you are currently drawing workers’ compensation benefits, consider how a vacation could affect your benefits before making any plans.
In South Carolina, workers’ compensation weekly benefits for 2026 are capped at $1,189.94 per week, and insurers have a significant financial incentive to find any reason to reduce or terminate your payments. Taking a vacation while on workers’ comp is one of the most common triggers for benefit disputes and surveillance activity.
Can You Take a Vacation While on Workers’ Comp?
Yes, you can take a vacation while collecting workers’ compensation in both South Carolina and North Carolina. Your right to vacation is not automatically revoked when you’re receiving workers’ comp benefits. However, there are important considerations and restrictions you must follow to protect your benefits.
Risks of Taking a Vacation While on Workers’ Compensation
Scheduling a holiday vacation while you are collecting workers’ compensation benefits in North or South Carolina could put your workers’ comp at risk because:
- The insurance company could question the severity of your injuries or insist that your ability to travel is proof that you can work.
- Missing or rescheduling medical appointments related to your work injury could jeopardize your health and your workers’ comp claim.
- Maintaining medical care may be difficult while on vacation.
- Traveling long distances to go on vacation or participating in strenuous activities like hiking, swimming, or skiing might go against your doctor’s advice.
- Your insurer might send an investigator to your vacation destination to gather evidence to use against you, such as photos of you doing activities that appear too taxing for your condition.
- Insurance companies routinely hire private investigators to physically follow claimants in public during active claims. Even an innocent photo, like carrying a bag or walking on a beach, can be taken out of context and used to challenge your claim.
- Insurance companies are also legally permitted to monitor all of your public social media accounts during the pendency of your claim. Check-ins, location tags, vacation photos, and even posts by friends or family who tag you can all be used as evidence against you.
What Not to Do During Vacation While on Workers’ Comp
Insurance companies have been known to keep a close eye on workers’ comp recipients who go on vacation because they don’t want to pay out any benefits they don’t have to.
If you decide to go on vacation while drawing workers’ comp, consider these practical tips:
- Do not schedule your holiday vacation in a faraway place. The less time you spend cramped up in a car or airplane during your recovery, the better.
- Do not skip any doctor’s office visits, physical therapy sessions, or other medical appointments related to your work injury to go on vacation. In South Carolina, failure to attend scheduled medical appointments can directly affect your ability to continue receiving weekly wage loss checks.
- Do not participate in any vacation activities that go against your doctor’s orders.
- Even activities that seem harmless can be misinterpreted or used against you if they appear to contradict your stated limitations.
- Don’t travel to locations where emergency medical care would be difficult to access.
- Don’t make impulsive decisions about activities without consulting your doctor first.
- Don’t assume that because you feel better on some days, you can safely engage in all activities.
- Do not post vacation photos or stories on social media. The insurance company can use any information that is publicly available against you.
- This includes being tagged in others’ posts and being asked by friends and family not to be tagged in any photos or check-ins while your claim is active.
- Do not discuss your workers’ compensation case with anyone over the internet, including in private messages or comments. Even venting frustrations about your employer or insurance company online can be used against you.
Learn more about what not to do while on workers’ comp to avoid common mistakes that could cost you your benefits.
How to Remain Eligible for Workers’ Comp While on Vacation
Here are some tips to keep in mind to protect your benefits while on vacation:
- Plan a vacation that’s not too far from home. Consider a holiday “staycation,” in which you engage in relaxing leisure activities close to home.
- Enjoy low-key vacation activities that don’t strain or stress your body.
- Avoid posting photos or information about your vacation online for others to see.
- Schedule your vacation so that you do not miss any medical appointments.
- Follow your doctor’s care plan even while you are away on vacation.
- Consult a knowledgeable attorney for advice before you make your plans
Contact Stewart Law Offices for Help with Your Claim
If you are considering going on vacation while you are receiving workers’ compensation, consult a knowledgeable attorney for advice. The South Carolina workers’ comp lawyers at Stewart Law Offices can review your case and provide the guidance you need. Our Columbia workers’ compensation lawyers and Lexington workers’ compensation lawyers serve clients across the Midlands. Contact us today for a free consultation. Don’t let a well-deserved vacation put your benefits at risk. Get expert legal guidance to protect your recovery and your financial security.