Colorado FMLA Leave Vs. Workers Compensation

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Motor622

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I am currently employed for a Governmental agency in Colorado. Can an employer force an employee to take FMLA Leave for a work related injury sustained on the job working for that agency.
I was injured on the job and filed a claim for the injury which was accepted by the employer. I recieved surgery for the injury wwhich was paind by workers compensation. Following the surgery, months of recovery and rehabilitation was needed. I found out at a later time my employeer charged my available FMLA Leave for that injury and recovery. Is this legal? Whene may I find legal documentation reciting the law outlining this issue?
 
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I am currently employed for a Governmental agency in Colorado. Can an employer force an employee to take FMLA Leave for a work related injury sustained on the job working for that agency.
I was injured on the job and filed a claim for the injury which was accepted by the employer. I recieved surgery for the injury wwhich was paind by workers compensation. Following the surgery, months of recovery and rehabilitation was needed. I found out at a later time my employeer charged my available FMLA Leave for that injury and recovery. Is this legal? Whene may I find legal documentation reciting the law outlining this issue?





Unfortunately, an employee on workers compensation can be converted to FMLA.

This is a scam the government recently devised, to spread the costs of worker injury and recovery.

If the injury was proven to have been work related, it should be treated entirely different than an off the job injury or illness.

You need to speak with an attorney that handles these kinds of cases.

In most states, the attorney's fees will be paid for by the employer.

This diabolical attempt to steal your benefits can be thwarted.

You, no doubt, will require the services of an attorney.

It doesn't matter whether your employer is a government or a private employer.

The end result to the employee is the same.

Government is often a worse offender than those it polices.




Finding And Choosing An Attorney

Although there is no law which says you need to hire a lawyer, in practical terms and regardless of how you feel about attorneys, it is difficult to handle a workers' compensation case on your own. With trained adjustors working for the insurance companies who have lawyers at their everyday disposal, hiring a qualified attorney is essential. Unless your case is extremely simple, a good lawyer is important to protect your rights. Trying to handle your own case may save you a penny but cost you a pound in the long run.

Hiring a lawyer is critical in any of the following situations:

* The employer denies you were injured on the job
* The carrier has denied benefits
* You cannot get medical treatment
* You are not getting paid
* The adjustor promises benefits or care which never arrives
* An attorney for the employer or insurance company contacts you and wants to take a deposition
* You want to sue a third person- You begin to represent yourself and you encounter someone on the other side who is particularly difficult and is trying to take advantage of your lack of legal expertise

These are but a few of the situations which arise and should make you consider hiring an attorney. Remember, the more problems you encounter, the more you probably need representation.

To find a qualified attorney, go to your city and search and review the attorneys listed. Many have links to their firms where you can peruse the information or you can call or write to the attorneys and request they provide you with written or oral information about their credentials. Call or write and make an appointment. We only list attorneys who practice in the area of workers' compensation and who have experience in this field. Remember, the hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer to send you free written information or view their Website about their qualifications and experience.

Choosing a lawyer is a personal matter. A lawyer generally has 19 years of formal education and must have passed a difficult exam to be able to practice law. This training combined with his legal experience constitutes his education. His education and experience are primary considerations along with the proven ability in the field of workers' compensation. Board certification shows that the practitioner has a high degree of experience and ability. Because there is a continuing relationship between the lawyer and the injured worker as a client, the personal nature of the relationship must also be considered.

Most workers' compensation attorneys work on a contingency basis. That is, if they do not get you money, they do not charge you. In addition, in many situations, the employer/carrier may have to pay any fee or costs.



What is Workers' Compensation

Workers' compensation laws provide money and medical benefits to an employee who has an injury as a result of an accident, injury or occupational disease on-the-job. Workers' compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. It is intended to benefit the employee and employer alike. The employee receives money (usually on a weekly or biweekly basis) and medical benefits in exchange for forfeiting the common law right to sue the employer. The employer benefits by receiving immunity from court actions against them by the employee in exchange for accepting liability that is limited and determined. The question of negligence or fault is usually not at issue.



Family Medical Leave Act (FMLA)

It is very important that an employer understand the Family Medical Leave Act (FMLA.) An employer who has 50 or more employees is subject to this Act. To be an eligible employee, one must have worked for the employer for at least one year or over 1250 hours. FMLA entitles one up to a total of 12 weeks of unpaid leave during any 12-month period because of a serious health condition.


An employee may elect, or the employer may require, the employee to substitute accrued paid vacation, personal leave, or sick leave during this period of time. When the employee returns to work, the employer must return the worker to his former position or an equivalent position, with equivalent employee benefits. Usually, when a worker takes FMLA leave, he does not get paid. However, "paid time off" or vacation pay or sick pay may be given if the employee has earned these benefits.

If an injured worker takes the Family Medical Leave and cannot return to work after the twelve weeks expire, generally the employer does not then have an obligation to rehire the worker at a later date. In other words, the employer is not required to hold the job open indefinitely.

There are very strict requirements concerning when the FMLA applies and how it is determined. A thorough understanding of the requirements and specifics of the FMLA is essential. There is a close relationship between the Family Medical Leave Act, the Americans with Disabilities Act, and the workers' compensation system, in returning injured workers to work. The employer must always have a good understanding of how these laws work together and how to meet the legal requirements.




Check these websites:

http://www.workerscompensation.com/colorado.php

http://www.colorado.gov/cs/Satellite/CDLE-WorkComp/CDLE/1240336932511
 
This is a scam the government recently devised, to spread the costs of worker injury and recovery.

Work Comp and FMLA running concurrently is a scam? News to me. FMLA is, by definition, unpaid.

OP, please note that I know ArmyJudge knows this and his sarcastic evil twin has probably taken hold of him again, but just so YOU know.

If you and the medical condition meet the criteria, the employer would be in violation of the law if they did NOT invoke the FMLA. Without FMLA protection, if you couldn't return to work , you can be fired, Work Comp not withstanding. At least with FMLA you have 12 weeks of job protection, which includes your continued medical insurance at shared cost.
 
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Thank you, The issue has come up where I am able to return to wor following the injury, however, an immediate family member has sustained an injury requiring my care. Due to my employer invoking my FMLA, I have been told I have minimal time available rather than the full 12 weeks.
 
That's right. As long as you get all the time alloted to you by law, there is no "penalty" for assigning your work comp-related absences to FMLA after the fact. That would have been true even if they allocated the missed time to FMLA from the beginning. Sorry, this isn't the answer you probably wanted to hear, but it's the way it is.
 
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