Legal Question in Workers Comp in California

FMLA use for WC-covered injury

I am a transcriptionist and developed a trigger finger because of work. I type medical reports for 7+ hours/day. My employer granted me a WC claim and the State of CA WC insurance accepted the claim. After 5 months of conservative treatment I had surgery on the finger and am currently on day 12 of 14 days off work. I am being compensated 2/3 of my wage thru WC and covering the remaining 1/3 with my accrued vacation time. At the last minute I was told I had to turn this WC issue into a FMLA medical leave. In the state of CA are these 2 worker-entitled options supposed to coincide with or become one and the same? I will have my job back once released so no worries there. Just thought it was odd for a WC injury to be lumped into the FMLA. What are your thoughts on this?


Asked on 8/17/08, 4:11 pm

1 Answer from Attorneys
Samuel Salazar Law Offices of Samuel L. Salazar

Re: FMLA use for WC-covered injury

I have been seeing more and more employers using the Family Medical Leave act in conjunction with workers' compensation.

Employers may be confused by the Act, but it does serve as another form of protection for you. You cannot be terminated while you are on FMLA, but you should not be terminated while you are on workers' compensation either. However in many instances an employer will send the employee to a doctor who releases the worker back to work, or the employer may deny the case. In those instances, the FMLA would offer you some protection from termination.

There are many issues that come into play in this situtuation and I do not have all of the facts. Feel fee to email my directly and I can discuss this further personally.

My email address is:

[email protected]

You are free to call my office and speak to me directly.

I really think you should consult an attorney about this and of course there is no charge for as many consultations needed.

Good luck,

Samuel L. Salazar

Read more
Answered on 8/25/08, 9:12 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in California