Legal Question in Workers Comp in Michigan

Do I have to use FMLA while on workmans compensation

My employer has sent me to thier doctor because I developed a severe case of ''tennis elbow'' that just will not go away. Thier doctor put me in a cast to allow the area to heal and said I could return to work with restrictions, no use of arm. My employer in return said they have no work that would allow me to stay within my restrictions and placed me on workmans compensation. Then my employer also told me I am being charged to my Family Medical Leave. Does the FMLA and Workmans compensation work in tandem?

Also, can I be forced into taking workmans comp. leave or FMLA since the doctors say I should be able to perform most of my job with restrictions?


Asked on 8/16/01, 12:49 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Do I have to use FMLA while on workmans compensation

If your injury is job related, you shoul dnot have to use your Family Leave time up, etc. A petition for workers compensation should be filed if it is job related. Make sure your treating physician will relate it to the job. Contact me if you wish to file the petition.

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Answered on 8/19/01, 11:33 am


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