Legal Question in Workers Comp in New York

Workman's comp/FMLA?

I was injured at work in March 2004. After 9 months of PT and specialists, it was decided I need shoulder surgery. I have been on light duty from the time of injury until present. My HR person said I am allowed 12 weeks of leave to recover from surgery, the doctor said it will be 12 weeks at least due to the physical fast paced nature of my job. HR said WC is the same as FMLA and I only get 12 weeks, and would have to come back as a new hire if I took longer. She told me I had to sign thw FMLA papers before I left for surgery. I would not question this if not for a man at my work who was allowed to be off 6 months under WC for a shoulder injury, before being told he had to come back or lose everything and return as a new hire. Is the company required to hold my job just 12 weeks under WC? Can they give one person 6 months and another 3 months to come back before having to be rehired? I don't think I will need more than 12 weeks (at least I hope), but I would like to be sure where I stand on this in case I do need longer.


Asked on 12/11/04, 10:46 am

1 Answer from Attorneys
Thomas Reilly Learned, Reilly & Learned

Re: Workman's comp/FMLA?

Your employer is lying to you 100%. You should contact an attorney who does comp work ASAP to be sure a comp claim has been filed. You should ensure that your doctors know that this is a comp case and if they do then they need to get authorization from your employer's workers comp carrier to have surgery done, or they won't pay for it. FLMA is an entirely different law and gives far less protection.

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Answered on 12/11/04, 2:19 pm


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