Legal Question in Workers Comp in Illinois

Re: fmla and workmans comp

QUESTION:

i am on workmans comp and have ben under a doctors care since 2/7/07. my employer says my fmla has expired and i need to return to work.

ANSWER:

FMLA and Workers' Compensation are two different and unrelated laws.

FMLA is a federal program that requires certain employers to allow certain employees to leave work to care for sick family members.

Workers' Compensation is a state law for employees injured while working.

If you were injured while working and have been taken off work by your doctor, then your employer must either accommodate your restrictions or pay you sixty-six percent of your average weekly wage until you are returned to work.

While your employer may require that you use your Family and Medical Leave Act time while off of work for a work injury - that has nothing to do with their on-going responsibility to pay you your workers' compensation off-work benefits.

I think that you need the help of a workers' compensation lawyer right away.

Let me know if you have any more questions.

Good Luck,

Matt Belcher

Re: fmla and workmans comp

Need more information about your injury,

your employer, your position and your

current medical condition. FMLA

should have nothing to do with returning

to work if you are still disabled due

to a work related injury.

Please feel free to contact me

for free no-risk consultation.

Scott Blumenshine

Law Offices of Meyer and Blumenshine

Chicago, IL

Re: fmla and workmans comp

You can be terminated, but they can't make you go back to work if you are on restrictions medically that they can't accommodate.

If you would like our help, we are Chicago work comp attorneys that run a statewide referral service. We'd be happy to connect you with a strong lawyer in your area.

Call us toll free, 800-

517-

1614.

Yours truly,

Michael Helfand

www.findgreatlawyers.com