Q: I requested FMLA. My employer filed a Workers' Comp claim? I didn't ask for Workers' Comp. Is that how it works?
I have 11 weeks of sick leave and some personal and vacation days that I could use on Family Medical Leave. I intend to go back to work once I'm better. I've been off for 2 weeks and expect to go back in 2-3 weeks; long before I run out of sick days. I'm concerned that my employer has filed a Workers' Comp claim (which I didn't ask for) that they can contest. (I thought only employees could file for Workers' Comp.) I'm also concerned about reduced pay and changes in health benefits if I'm on Workers' Comp instead of Family Medical Leave. Do I have a choice in this matter?
A: That's a great question, but I doubt anyone can give you solid advice without sitting down and talking to you to get more information. Schedule an appointment with a competent workers' compensation lawyer. There's typically no charge for an initial appointment on workers' compensation matters. Try to get things straightened out ASAP. You shouldn't raise the issue with the employer until you meet with the lawyer you choose. Don't delay, though. Do it right away.
Charles Candiano agrees with this answer
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