Legal Question in Workers Comp in Virginia
FMLA and Workmans Comp
I was injuryed at work in the state of Va and i was placed on workmans comp and FMLA at the same time and they were using my personal sick leave for me to go to the doctor and Physical therapy. I never requested to be placed under FMLA. They told me this was to hold my position. I have been working light duty since i have been injuryed. Is it legal to be placed on FMLA and be under a workmans comp claim?
1 Answer from Attorneys
Re: FMLA and Workmans Comp
Va WC law does not preserve you your right to your job. You do have the right to receive WC weekly payments while you are out for the time missed. You should not have to use sick leave for this. (the one exception to this is WC does not pay you for the first 7 days of work missed unless you miss more than 21 days.)The FMLA protects your job for 90 days for any illness, injury or family emergency. If you are released by the doctor and you are still restricted, then WC should still pay you weekly benefits unless your Employer is willing to provide you a Light Duty Job within those restrictions.
In summary, WC and FMLA overlap in a sense but there is no real connection.
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