Legal Question in Workers Comp in New York

If injured at work, workers comp forms completed and filed, can your employer make you file and use FMLA ?

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Asked on 4/05/11, 1:01 pm

2 Answers from Attorneys

Brian Mittman Markhoff & Mittman, PC

Yes - workers compensation is seperate from job security issues. So even if you are out on workers compensation, in order to keep your job you will need to go through with the FMLA as well.

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Answered on 4/05/11, 4:58 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

yes they can. One thing has absolutely nothing to do with another. FMLA is part of the ERISA federal statute and is something that company's with over x employee's are mandated to provide you. FMLA keeps your position open for a period of time while you are recovering from your injury. Workers Comp is a state statute that provides medical and wage replacement when you are disabled due to a work related injury.

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Answered on 4/05/11, 4:59 pm


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