FMLA Vs. Workers Comp. I need an answer plz

caliotter3 · Dec 9, 2009

I would suggest you have a consultation with a professional about this. You should be able to get a no cost, or low cost, consultation with a worker's comp attorney to give you the best advice possible. Something doesn't sound right about this but I know nothing of the process, only that people who have to deal with such matters have a hard journey waiting for them. Best wishes.

Jolie, BSN · Dec 9, 2009

I agree that a legal consult would be a good idea.

In the meantime, request a written copy of your employer's FMLA policy and procedure. It should spell out whether FMLA time is to be used for Worker's Comp injuries or not, and also the conditions for returning to work at the conclusion of your leave.

I don't believe that the hospital is obligated to hold your position for you, only to place you in a similar position at the same pay rate.

Best of luck.

elkpark · Dec 9, 2009

Your state labor commission or OSHA office should be able to give you the answers to your questions at no cost -- I would start with them before I paid anyone.

cwood88 · Dec 9, 2009

Thank you for the advise and yes it has been a hard 10 months and aggrivation. I will start with the industrial commission first thanks.

caliotter3 · Dec 10, 2009

Thank you for the advise and yes it has been a hard 10 months and aggrivation. I will start with the industrial commission first thanks.

Gather your moral support around you. Everyone I've ever heard of who had these kinds of problems, REALLY went through hell, so best to be strong and prepared.

cwood88 · Dec 10, 2009

Thanks everyone for the advise, I did call today to the Industrial commission and they don't handle this sort of thing so they referred me to the labor board and they say that no they can't fire me while I'm on workers comp. but they can post my job after my 12 weeks of FMLA is exhausted, but since they didn't file FMLA for the initale 5 weeks I was out they shouldn't be using that as part of my FMLA time now, so they advised that if they tried to or do fire me I can file a complaint. So anyone who has been through this yes it is hell to go through workers comp. I will be praying

Lacie, BSN, RN · Dec 12, 2009

In all honesty, the first clue they give you that you are to use personal time or FMLA for a work comp case - seek legal counsel!! As long as it is comp related its within your rights to have your surgery and be on workers comp during your recovery. This is coming from a former Workers compensation medical case manager. They are hoping you will do just that and then they dont have to pay out. I gaurantee you if you get legal counsel they will tell you the same. Also most comp lawyers utilize a contingency fee basis where they get paid when you settle. Settlement wouldnt be until you reach maximum medical recovery anyway and generally it's 33%. You dont put money up front. If there is no settlement then the attorney gets paid nothing. If anything you need to protect yourself as if this is a rotator cuff tear you can have issues later on. If on work restrictions maybe done the road they can turn around and say We dont have light conditions and your on your tail with no salary. I've dealt with these issues over and over whree employers and adjusters start out cooperative until they find it may be a prolonged or expensive issue for them. Seek out an attorney that does his own work and not using a case worker to work the case for him. You dont tell you employer or adjuster you got an attorney. Let them find out when they recieve the letter of representation this way they wont try to find other reasons to rid of you.

tewdles, RN · Dec 13, 2009

very helpful reply Lacie

LG1137 · Dec 14, 2009

Yes, get an attorney. Do not hesitate. I felt SO MUCH BETTER when I walked out of that attorney's office the first time we met.

I was injured on the job, and tried to navigate the waters on my own. I wasn't even getting "screwed with," but the stakes were high so I met with an attorney, and I am so glad I did. Someone already (correctly) stated that work comp attorneys are not paid out of pocket; they get a specified percentage of any settlement. If you were injured on the job and suffer a permanent disability, you may be entitled to a settlement. My attorney got a mere 13% of that, and it was so worth it. I didn't even know about "settlements" when it all started; I just wanted to get better.

Once you get an attorney, he/she will take care of all the paperwork and legal stuff for you. Then you can focus on GETTING BETTER!

lamazeteacher · Dec 14, 2009

Cindy:

Get a Workers' Comp attorney ASAP! You may have been identified as someone taking advantage of the system, (having needed it several times.....). Since they're telling you that you had FMLA, when you didn't apply for it, or it seems, originally.

It's typical evasion, when they used the word "should", making you think that it's your own fault you were turned down! Do I see misdiagnosis here?

LG1137 · Dec 14, 2009

And you can be sure that the work comp carrier has an attorney. THERE IS NO REASON WHY YOU SHOULD NOT.