After a job-related injury or illness, understanding how the Family and Medical Leave Act (FMLA) benefits and workers’ compensation benefits work together is important for both employers and employees to ensure compliance and protection of rights.
If you suffered an injury at work, the experienced work injury attorneys at Schmidt-Salita Law Firm are here to help ensure you receive the maximum benefits you are entitled to under the law.
What’s the difference between FMLA and workers’ compensation?
Before discussing how FMLA and workers’ compensation work together, it helps to understand the differences between the two. FMLA is a federal law that allows eligible employees to take unpaid leave for specific family or medical reasons. It provides job protection and continuation of health benefits during the leave period.
On the other hand, workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. It covers medical expenses, lost wages, and rehabilitation services.
While FMLA covers a broader range of situations, including the birth or adoption of a child, serious health conditions of the employee or their family members, and qualifying exigencies related to military service, workers’ compensation specifically focuses on injuries or illnesses that occur on the job.
How can you qualify for workers’ comp benefits?
To qualify for workers’ compensation benefits, you need to meet certain criteria. First, you must be an employee of a company that carries workers’ compensation insurance. Independent contractors are typically not covered.
Next, your injury or illness must be work-related. This means that the injury occurred while performing work duties or arose out of the course of employment. You must report the injury promptly to your employer and seek medical attention from an approved healthcare provider, as failing to do so could jeopardize your claim.
The specific requirements for qualifying for workers’ compensation benefits vary from state to state, but generally, they include notifying your employer within a certain time frame, completing necessary paperwork, and providing medical documentation of your injury or illness.
Can you get both benefits at the same time?
Yes, it is possible to receive both FMLA and workers’ compensation benefits simultaneously, as long as you meet the eligibility criteria for each. The key is to understand that these benefits serve different purposes and have different application processes.
FMLA provides job protection and unpaid leave for specific family or medical reasons, while workers’ compensation provides financial assistance for work-related injuries and illnesses. If you are eligible for both, you can use FMLA to take time off for your own serious health condition while receiving workers’ compensation benefits to cover your medical expenses and lost wages.
Workers’ compensation benefits are generally paid at a percentage of your regular wages, whereas FMLA provides unpaid leave. In some cases, your employer may require you to exhaust your FMLA leave before receiving workers’ compensation benefits. Consulting with a work injury attorney can ensure you receive the maximum benefits available to you.
Can your employer force you to take FMLA?
While employers cannot force employees to take FMLA leave, they have the right to designate leave as FMLA-qualifying if it meets the criteria outlined in the law. If you are eligible for FMLA and have provided your employer with proper notice and documentation of your need for leave, they cannot unreasonably deny your request.
However, employers can require employees to take FMLA leave for certain situations, such as when the employee’s medical condition renders them unable to perform their job functions or poses a safety risk in the workplace. Additionally, if your workers’ compensation claim is approved and you are unable to work, your employer may require you to take FMLA leave concurrently.
Never wait to consult with a knowledgeable attorney to understand your rights and responsibilities under FMLA and workers’ compensation laws, as well as to ensure that your employer follows the appropriate legal procedures.
Let an Experienced Minnetonka Workers’ Compensation Lawyer Help You
Whether you need assistance with filing a workers’ compensation claim, understanding your rights under FMLA, or negotiating with your employer’s insurance company for the appropriate benefits, our dedicated legal team is by your side. We will fight to protect your rights and ensure you receive the compensation and support you deserve.
Don’t go through the FMLA or workers’ compensation claims alone. Contact the Schmidt-Salita Law Firm at (952) 473-4530 to schedule a consultation with our experienced Minnetonka workers’ compensation attorneys. Let us help you through the legal process and secure the best possible outcome for your case.