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Understanding Day Away from Work [Transportation]: Legal Definition and Implications
Definition & Meaning
A "day away from work" refers to any calendar day when an employee cannot report to work due to a work-related injury or illness. This definition is outlined in federal regulations and includes all days, regardless of whether the employee would typically be scheduled to work, such as weekends, holidays, or vacation days. The count of days begins the day after the employee has been examined by a licensed healthcare professional and diagnosed with a condition related to their job.
Table of content
Legal Use & context
This term is primarily used in the context of workplace safety and health regulations, particularly in the transportation sector. It is relevant in legal practices related to occupational health, workers' compensation, and accident reporting. Employees and employers must understand this term for accurate reporting and compliance with federal regulations. Users can manage related documentation through legal templates available on platforms like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) An employee injured their back while lifting heavy equipment. After seeing a doctor, they are advised to take five days off work. The employee follows this advice, and the employer counts those five days as days away from work.
(Hypothetical example) Another employee receives a recommendation to take two days off but chooses to work instead. In this case, the employer must still report at least one day as a day away from work due to the healthcare professional's recommendation.
State-by-state differences
Examples of state differences (not exhaustive):
State
Variation
California
More stringent reporting requirements for employers.
Texas
Different definitions for workers' compensation claims.
New York
Specific forms required for reporting days away from work.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Lost Time
Days an employee is unable to work due to injury or illness.
May not include all calendar days.
Restricted Work Activity
Days when an employee can work but with limitations.
Does not count as days away from work.
Common misunderstandings
What to do if this term applies to you
If you find yourself unable to work due to a work-related injury or illness, follow these steps:
Consult a licensed healthcare professional for an evaluation.
Follow their recommendations regarding time away from work.
Notify your employer about your condition and any days you will be absent.
Consider using legal templates from US Legal Forms to assist with any necessary documentation.
If your situation is complex, seek professional legal advice.
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