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Am I Obligated to Pay an Employee Who Can’t Work?

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Question: What does the law say about paying an employee if he is injured and required to stay off work for a week? It is not a workers compensation claim incident. The company is paying the medical bills.

Answer: There is no general obligation to pay an employee out of work due to an injury, even if the injury in this case were work-related, which it is not. Workers compensation would partially replace the employee’s salary if the injury had occurred at work. In this case, unless the employee is entitled to paid leave as a matter of company policy, the employer is not required to pay him.

This response is intended for general informational purposes only and should not be construed as legal advice or a legal opinion, nor is this column a substitute for formal legal assistance. For help with particular legal needs, members are invited to consult with Brooke Duncan III of Adams and Reese LLP. Mr. Duncan can be reached at 504-585-0220 or by email at

Brooke Duncan

Posted In: Legal, Management

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