FMLA and Workers' Compensation: How They Work Together
Injured on the job? You may have both workers' comp and FMLA rights. Learn how these protections interact and how to maximize your coverage.
Introduction
If you're injured at work, you may be entitled to benefits under both workers' compensation and FMLA. These laws serve different purposes but often run concurrently.
Key Differences
| Feature | Workers' Compensation | FMLA | |---------|----------------------|------| | **Purpose** | Medical costs + wage replacement | Job protection | | **Paid?** | Yes (partial wages) | No | | **Job protected?** | Varies by state | Yes | | **What's covered** | Work injuries only | Any serious health condition | | **Who's covered** | Most employees | 50+ employee threshold |
How They Work Together
### Concurrent Running If your work injury qualifies as a serious health condition, your employer can designate your workers' comp leave as FMLA leave.
**This is legal and common.**
### What This Means - Your FMLA 12 weeks run at the same time as workers' comp - After 12 weeks, FMLA protection ends but workers' comp may continue - You receive workers' comp payments, not just unpaid FMLA
FMLA Adds Important Protections
Workers' comp varies by state, but FMLA guarantees: - **Job restoration** after leave - **Continued health insurance** during leave - **Protection from retaliation**
Many states have weak job protection under workers' comp alone—FMLA fills that gap.
When Workers' Comp Doesn't Qualify for FMLA
Not all work injuries are FMLA "serious health conditions": - Minor injuries not requiring continuing treatment - Injuries not requiring inpatient care or extended incapacity - Injuries treatable with one doctor visit and no follow-up
Employer Rights
### Designating Leave Employers can designate workers' comp absences as FMLA if they qualify—even without the employee requesting it.
### Requiring Certification Even for workers' comp, employers can request FMLA medical certification.
### Light Duty Options Employers can offer light duty work. If you refuse suitable light duty: - Workers' comp benefits may be affected - FMLA protection may continue if you're still incapacitated
Light Duty and FMLA
**Important:** If you're offered a light duty position: - You're not required to accept it under FMLA - But declining may affect workers' comp benefits - Accepting light duty doesn't waive your FMLA rights
**Consult with an attorney if facing this choice.**
After 12 Weeks
When FMLA runs out but workers' comp continues: - Workers' comp wage replacement continues - FMLA job protection ends - ADA may provide additional protection - State laws may offer more job protection
Conclusion
Work injuries trigger multiple protections. Understand how FMLA and workers' comp interact to maximize your benefits and job security.
*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney for guidance specific to your circumstances.*
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