Does Taking FMLA for a Chronic Injury Prevent Filing Workers Comp?

  • Posted on: Aug 15 2021
  • By:

Workers’ comp laws come into play if you are injured on the job, but that may not be the only benefit that comes into play. FMLA, which is short for the Family Medical Leave Act, provides qualifying employees to take up to 12 weeks off of work for illness, injury, and other specific health issues. FMLA protects your job while giving you the time you may need to recover. The injury that qualifies you for FMLA does not have to have occurred at work. However, it could.

What Does FMLA Cover?

FMLA is a very broad act that covers many different types of injuries. It even includes events such as the birth of a child or the adoption of a young child who needs care. You can also file for FMLA if your spouse, parent, or child has a serious health condition that requires you to take care of them for a short period of time. FMLA can give you time off to attend to an injury or an illness that makes it difficult or impossible to perform your normal job duties.

When FMLA and Workers’ Comp Cross Over

If you have been injured at work and require time off to rest and heal because you cannot do your job without rest, you likely qualify for both workers’ comp and FMLA under the last point mentioned above. You can take FMLA and workers’ comp benefits at the same time. You can also take FMLA time off instead of filing a workers’ comp claim or file a claim without using any FMLA leave.

The Differences Between the Two

The biggest difference between FMLA and workers’ comp is that FMLA is unpaid time off. Your employer can opt to pay you, but they are not required to. However, FMLA does protect your job. Your employer cannot fire you or eliminate your job. They have to continue to employ you in your position or an equivalent one.

Workers’ comp, though, does provide paid leave. However, you can only take workers’ comp leave if you were injured while at work. You will typically receive two-thirds of your normal salary, plus your medical bills will be covered. However, while employers cannot fire you for taking workers’ comp, they can eliminate your position, include you in company-wide layoffs, or even give you a lower position when you return to work.

Need help with a workers’ comp claim or determining which option you should take? Maximum Orthopedics is here to help. Contact us today to set up a free consultation.

Posted in: Blog, Workers Compensation Benefits

3 Convenient Locations



Recent Posts

Legal and Ethical Considerations in the Selection and Treatment by Workers’ Compensation Doctors

Workers’ compensation is a critical system designed to support employees who are injured or fall ill due to their job. A key component of this system is the medical treatment provided by workers’ compensation doctors. However, the selection and treatment by these doctors involve numerous legal and ethical considerations that must be carefully navigated to ... read more
  • Posted on Jun 15, 2024
  • By:

The Process of Evaluating and Treating Work-Related Injuries: A Guide to Workers’ Comp Doctor Services

The process of evaluating and treating work-related injuries is a critical component of workers’ compensation services. When employees sustain injuries in the workplace, accessing timely and effective medical care is essential for their recovery and rehabilitation. Workers’ comp doctor services play a pivotal role in this process, providing comprehensive medical evaluations, treatment planning, and ongoing ... read more
  • Posted on Apr 28, 2024
  • By:

The Hidden Dangers of Whiplash: How Physical Therapy Can Help

Whiplash is a common injury that can occur during a car accident or any other situation where your neck is forced to move back and forth in a rapid, jerking motion. Many people who suffer from whiplash may feel fine in the days immediately following the incident, but this injury can have long-lasting effects. In ... read more
  • Posted on Feb 14, 2024
  • By:

Get in touch