Legal Question in Workers Comp in California

Re: Workers Compensation vs Family Medical Leave

Don't agree to family medical leave, because it is unpaid and you will receive no benfits and you are only limited to 1250 hours. Your doctor need to take you off work and help you receive TD benefits. If your doctors refuse to do that you can change your treating doctor. Call us directly at 213.388.7070 for a free consultation.

Re: Workers Compensation vs Family Medical Leave

You should sign the papers because FMLA may trigger other benefits down the road. FMLA is not mutually exclusive with TTD. Therefore, you will not lose your right to collect temporary disability. Should your employer terminate you because you suffered a work-related injury during, and perhaps after your FMLA runs out, your employer may be subject to a 132(a)(Wrongful termination lawsuit within the comp system).

Since your injury is very recent, you should know that there are many land mines in workers compensation and it is better to retain counsel. As such, I invite you to contact my office at 818.385.0520 to set up a free consultation.

Re: Workers Compensation vs Family Medical Leave

You need to contact your employer to find out what they are doing. Then confirm in writing what was said. Then contact the WC insurance carrier to find out what their position is. You are entitled to TD benefits while you ar off work; you are also entitled to earn vacation and sick leave benefits while off work. If you can not work, you should be getting TD, which your employer can supplement to give you a full salary, but your own family medical plan can not be charged for that initial WC benefits. If you are a member of a Union, speak to them.