Do I Have to Use PTO or Vacation Time for a Workers’ Comp Injury in Illinois?
(Short answer: No—your boss cannot legally make you.)
When you get hurt on the job in Illinois, you should be focused on getting medical care and healing—not burning through your hard-earned vacation days or worrying whether your employer will punish you for reporting the injury.
Yet, one of the top questions injured workers ask us is:
“Can my boss make me use my PTO or vacation time after a work accident?”
The answer under Illinois law is NO.
Not sometimes, not if that’s their policy, not because HR said so—just no.
And if your employer is pressuring you, delaying the claim, or telling you to use your own health insurance instead of workers’ comp, that’s a major red flag — and you may need a lawyer to step in immediately.
Illinois Law Is Very Clear: You Should Not Have to Use PTO After a Work Injury
When you’re hurt at work and a doctor takes you off work—or gives you restrictions your employer can’t accommodate—you are entitled to:
Temporary Total Disability (TTD)
TTD pays 2/3 of your average weekly wage, tax-free, while you’re unable to work.
More detail on how these benefits work here:
➡️ How Much Does Workers’ Comp Pay in Illinois? (TTD, TPD, AWW Explained)
Employers don’t get to swap out the benefits legally owed to you and force you to use vacation or sick time simply because it’s cheaper for them.
Under Section 8(j) of the Illinois Workers’ Compensation Act, if you mistakenly use PTO because the employer pressured you, it can be reinstated once your claim is properly filed and documented.
You can read the statute yourself here:
➡️ Illinois Workers’ Compensation Act (820 ILCS 305)
➡️ Illinois Workers’ Compensation Commission (official guidance)
Your employer doesn’t get to:
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Make up their own “company policy,”
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Delay filing your claim while you burn through PTO,
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Or punish you by taking away sick time or vacation time after you’re hurt.
That is illegal in Illinois.
Why Employers Try to Make You Use PTO Instead
Let’s be blunt:
Some employers know the law—and try to get around it anyway.
Common tactics we see:
✔️ Telling an injured worker they “must” use a week of PTO before TTD starts
✔️ Saying HR “can’t file” a claim until all PTO is exhausted
✔️ Delaying reporting the injury to the insurance company
✔️ Claiming “this is how we always do it”
✔️ Pressuring workers to use their own health insurance instead of workers’ comp (also illegal)
If you’ve been told to use your personal insurance instead of workers’ comp, read this:
➡️ Can I Use My Own Insurance Instead of Workers’ Comp?
These tactics save the employer money—but they cost YOU the benefits the law guarantees.
What Benefits Should You Be Getting Instead of PTO?
If your injury is work-related, your benefits include:
1. 100% of your medical bills paid (no co-pays, no deductibles)
It does not matter whether your doctor is “in-network” under your health insurance.
2. TTD or wage replacement benefits
These should start once your doctor takes you off work, not once HR decides to stop making you use PTO.
More about medical + wage benefits here:
➡️ Types of Illinois Workers’ Comp Benefits
3. A tax-free settlement when you recover
Even if you return to work, you are still likely owed a settlement for the permanent impact of the injury.
4. Protection from retaliation
Your employer cannot legally punish you for filing a claim.
If you’re not receiving these benefits—or your employer is pushing PTO instead—that’s a problem.
What If I Already Used PTO or Vacation Days?
Good news:
If you used PTO because your employer pressured you, we can usually get those hours reinstated (or get you compensated by workers’ comp on top of the PTO paid).
All you need is:
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A doctor’s note taking you off work due to the injury
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Proof the injury was work-related
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A properly filed workers’ comp claim
Once the insurance carrier reimburses the employer, your time off is restored, and TTD is paid as it should have been from the beginning.
Why You Should Call a Lawyer If Your Boss Is Making You Use PTO
Most workers wait to call a lawyer because they:
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Don’t want to make things awkward at work
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Like their boss
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Think HR “knows the rules”
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Assume PTO is just how it works
But here’s the truth:
➤ Filing a workers’ comp claim is not a lawsuit
➤ It costs you nothing to get legal help
➤ Your employer doesn’t get to rewrite Illinois law
A workers’ comp attorney can:
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Stop your employer from forcing PTO
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File the claim the right way
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Get your benefits paid correctly
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Restore PTO you already used
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Prevent the insurance company from playing games
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Maximize your final settlement
More on why representation matters:
➡️ The Benefits of Hiring a Workers’ Comp Attorney
And our main workers’ comp page:
➡️ Chicago Workers’ Comp Lawyer
Bottom Line: Your Employer Cannot Make You Use PTO for a Work Injury in Illinois
If you take nothing else away from this article, remember:
You do NOT have to use PTO, sick leave, or vacation time after a work injury.
You should receive workers’ comp wage benefits instead.
If you already used PTO, it can often be restored.
If your employer is pressuring you, that is a sign you may need a lawyer immediately.
Illinois law strongly protects injured workers—but only if you assert your rights.
Injured at Work in Chicago? Get a Free Workers’ Comp Case Review.
If your employer is:
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Forcing you to use PTO, vacation days, or sick time
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Telling you to use your own insurance
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Delaying your claim
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Or denying your benefits altogether
We can help—fast, and at no cost to you.
👉 Start Your Free Case Review Here
📞 Tap to call: (312) 739-0000
You don’t lose anything by asking questions—but you could lose a lot by trusting HR over Illinois law.
