Legal Question in Workers Comp in Georgia

Worker's comp and the FMLA

I was injured on my job. While out on light duty, I also became pregnant.My employer says that I can do 120 days on light duty, then they will put me on worker's comp. disability.They will pay me 3/4 of my reg pay for 12 weeks. They are telling me that those 12 weeks will be under the FMLA. My concern is that I will need that same leave time when I deliver my baby in Nov. Is it legal for them to use my leave time for a worker's comp issue?I had already been released by one Dr. and sent back to my reg. job w/ minor restriction. The orthopedic Dr. that they sent me to is the one who put me back on restrictions because he wants me to have an MRI which is not possible until after I deliver my baby. And even if he could do the MRI now and he did find that I needed surgery he could not perform it until after my delivery either. Also, I have been told that after the 12 weeks, if I still cannot return, my employer can post my job and fill it if he deems it necessary. Is this fair? Then, when I can get back to work, I will be forced to reapply for my job, or what ever is available.


Asked on 5/11/07, 10:52 am

1 Answer from Attorneys
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Worker's comp and the FMLA

If you are not utilizing a Work Comp attorney, you may wish to arrange for a consultation withone. You might want to find a firm that also has individuals who are knowledgeable in labor and employment law, since the questions that you ask involve knowledge of both areas.

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Answered on 5/11/07, 11:27 am


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