Legal Question in Workers Comp in Florida

Workman Comp in Florida vs FMLA

I was diagnosed with Carpen Tunnnel just last week. My job sent me to the doctor for there records and since then they sent me home with Workmans Comp. Now today I get a call from HR, she stated I need to use FMLA so my insurance won't lapse. I'm not quite understanding. Can you please explain? And will I lose my job? I wasn't planning on getting hurt--just doing my job which consists of typing.


Asked on 1/24/07, 6:56 pm

1 Answer from Attorneys
Cameron Brumbelow Brumbelow Drechsel Law Group, P.A.

Re: Workman Comp in Florida vs FMLA

The employer can designate your time as FMLA time even if you are out on comp. It doesn't mean you will lose your job, but it means you could. The Florida Workers' Compensation system does not protect your job for you unless you are fired in retaliation for pursuing comp benefits. Therefore, once an employer complies with the federal law (i.e. FMLA) and your 12 weeks runs, they can fill the position if they so chose. Other federal provisions may apply to you like ADA, etc., but otherwise you employment is still terminable at will in Florida. Your comp case can still remain open even if you no longer work for the employer.

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Answered on 1/25/07, 8:51 am


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