Can I claim Lost Wages for a holiday if returned from my injury the day after.

UPDATED: Oct 2, 2022

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Can I claim Lost Wages for a holiday if returned from my injury the day after.

I’m claiming lost wages from the dog owners insurance company for a dog bite. I missed the last two days of the work week because of the injury, but had a long weekend because it was Labor Day weekend, and I had asked for Labor Day off before the injury happened. However, it was nice to have that extra day off to recover and ice my wounds before returning to work. Can I claim lost wages for Labor Day?

Asked on October 24, 2019 under Personal Injury, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot. You write that you returned to work after the holiday; therefore, you were not working (or rather: were not available & able to work) on the holiday or (as you write) the two workdays prior. There is no right in the law to paid holidays: employers don't have to offer them at all. If they choose to offer them, they may put restrictions or limitations on who get holiday pay. Those restrictions may legally include that you just have worked the days right before the holiday and/or have been able/eligible to work the holiday itself, and so that if you were out of work for any reason, you do not get holiday pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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