Legal Question in Workers Comp in New Jersey

Re: How Workman comp and FMLA relate

I am an attorney in Illinois. The answer to your question is "probably not." You say your husband is receiving Work Comp benefits. That means that his accident has been reported by the employer to the insurance company. But don't think that all employers know how to handle every type of accident. His company may be simply reacting with the wrong form or don't know how to account for him during his absence. This has a lot to do with computers and how to account for a person on the computer when he is not actually working. That happens. If your husband is in a union, you should talk to his business agent about this request to sign FMLA form. But the best thing to do is to contact a local attorney who knows Workers' Comp. Initial consultations are usually free. But you should get the proper legal representation. You cannot handle his all his right over the internet as new problems will most certainly develop. Otherwise, you may be acting in a way that may affect his job or his other more important rights. Good luck.