QUESTION

i want to know can the company use your fmla up if u was hurt on the job and went out on workman's comp?

Asked on Sep 22nd, 2016 on Workers Compensation - Indiana
More details to this question:
I was hurt on the job with 2nd to 3rd degree burns and had to have a skin graft done was off for 7 months starting dec 11th 2015 to july 11 2016 and they used my fmla up when I was on workmans comp
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1 ANSWER

Dear Anonymous,   The Family Medical Leave Act (FMLA) is a federal law that gives qualifying employees an opportunity to take up to 12 weeks of unpaid time off from their job with the guarantee of their job still being available as long as they return at the end of this period.  One of the purposes for this policy is to allow employees with serious health issues or injuries, such as an injury from a workplace accident, the time off they needed without the risk of losing their job.   One concern that many injured workers have is whether or not FMLA can run concurrently with their workers compensation benefits during the time that the employee is ordered off work.  The answer is yes, the employer can run FMLA during the period you are ordered off of work to heal from your injury.  This can be a good thing if you only miss 12 weeks of work or less.  However, given the severity of your injuries and the amount of time that you were ordered off of work, I would strongly encourage you to contact an attorney that specializes in work comp claims.  Two of my partners, Jim Browne and Karl Popowics are both experienced workers compensation attorneys.  There are other benefits to which you may be entitled.  Please contact either one of them for a free evaluation of your case.    Chip Clark
Answered on Oct 04th, 2016 at 6:53 AM

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