Legal Question in Workers Comp in Illinois

Re: Fmla

FMLA and "worker's compensation" are not really related yet often work in combination.

FMLA is a federal right to take time from your job in certain circumstances and have your job protected.

"Worker's compensation" is a state right to certain benefits while you are off of work due to a work-related injury.

If you have been removed from work due to a work-related injury then you are entitled to be paid for that time off work at a rate of 66% of your average weekly wage.

You cannot be terminated due to a work related accident.

The Family and Medical Leave Act "FMLA", however, is a federal program that is administered by the U.S. Department of Labor and it has nothing to do with worker's compensation.

It is an independent benefit for individuals temporarily unable to return to their occupation for a lot of reasons, including work-related injuries.

If you are unable to work due you may be eligible for FMLA status and you may be required to 'run-out' your FMLA leave during a workers compensation accident recovery time (as FMLA does not provide an exemption for work-related injuries.)

Good luck and let me know if you need any more information,

Matt Belcher