Breaking Down The Complexities of FMLA and Workers’ Compensation

The difference between Workers’ Compensation and the FMLA (Family and Medical Leave Act) often confounds people, as both relate to time off due to illness or injury, but they cover different circumstances.

Many people mistakenly conflate medical leave and workers’ compensation. Medical leave is what we can ask for from our job when we are sick, suffering from a severe illness, or are injured by anything outside of work, outside the scope of employment, or when we are off duty. This is known as leave under the Family and Medical Leave Act (FMLA). Workers’ compensation is different. It covers the opposite when we are injured while we are working during work hours and within the scope of employment. These tools can sometimes be utilized at the same time, depending on the situation in New Jersey. Chamlin, Uliano & Walsh can help you navigate the complexities of both Workers’ Compensation and FMLA based on your particular needs and circumstances. Contact us at 732-440-3950 to request a consultation today.

Identifying The Right Application of FMLA or Workers’ Compensation in New Jersey

An example of someone utilizing FMLA, or the Family and Medical Leave Act, could be someone who is pregnant. They can enact their FMLA for certain periods of the pregnancy. An individual can utilize FMLA for a variety of reasons, like caring for a family member who is suffering from a severe illness. Conversely, workers’ compensation is used for employees who are injured on the job. A person who can utilize workers’ compensation is someone who, for example, has fallen while working.

Employers are typically required to have workers’ compensation insurance (by law). This protects both the employer and employee. Employers maintain a workers’ compensation insurance policy to protect themselves from any employees suing them for being injured on the job. Employees give up their right to sue their employers for being injured on the job by having their medical treatment paid for, and potentially getting a percentage of their salary paid for a certain number of weeks. Both parties are protected from potentially large financial detriments.

Advantages Provided to Employees Through The Family and Medical Leave Act in NJ

Leave under the Family and Medical Leave Act (FMLA) benefits employees in several ways. First, if they are eligible, they can take off if they are unable to work due to a severe health illness or disease, as well as pregnancy (which is obviously not an illness). Second, it allows employees to take off on medical leave to care for a family member if they are suffering from a qualifying serious illness or disease. Lastly, the employee does not have to worry about losing their jobs at the end of the medical leave. The employer must ensure that their position is there waiting for them by law, or that a position is available that conforms to the employee’s ability to complete the tasks.

Under FMLA, an employee is allowed to take up to twelve weeks medical leave in a 12-month period. If the employee or one of their qualifying family members has a covered illness or is pregnant, they are allowed to take the 12 weeks off with a certain percentage of their pay. They are to come back to their original position or its equivalent if they are able to do the job and are not affected by their illness.

Do You Qualify? FMLA and Workers’ Compensation Eligibility

To be able to take leave under FMLA, you must be suffering from a qualifying illness, which can also be pregnancy, but mainly a serious health condition that prevents you from doing your job or completing your work duties. If taking it for a family member, the family member must suffer from a qualifying serious health condition. You can also take it for adopting a child and caring for the child. You can take it for your own pregnancy, giving birth and caring for the new child.

For workers’ compensation, the employee must be injured while working or while operating in the scope of their employment, meaning performing work-related duties per their job description. The employee does not have to prove negligence to obtain medical benefits or payment. They do not have to show the cause of the injury, they only have to be a qualifying employee and the employer must have workers’ compensation insurance.

For workers’ compensation benefits, unlike FMLA, the employee does have to take medical care given to them, and the injury must be work-related, or it must happen while the employee is working. For FMLA, the benefits can only be used for the employee or a family member if the illness qualifies and recovery for yourself or care of your loved one prevents you from working.

Combining FMLA and Workers’ Comp in New Jersey: Is it Possible?

FMLA and workers’ compensation benefits can run concurrently. This can happen if the employee gets injured at work, and the injury actually qualifies under the Family and Medical Leave Act. Essentially, applicable scenarios exist if the injury is a “serious health condition” according to the FMLA. Situations such as these can be very complicated, requiring guidance from an experienced attorney.

End of Leave Benefits and How Workers’ Comp Can Help When Other Benefits Expire

If an employee or individual runs out of medical leave and they are still recovering from a work-related injury, workers’ compensation allows for their ongoing medical treatment, and a portion of their lost wages to be paid while they are unable to work.  As long as the injury is work-related, the employee can use workers’ compensation. If treatment has concluded and the employee has reached maximum medical improvement, the employee can move for permanent disability benefits and request weekly payment or a lump sum payment in case of worsening conditions.

Let Our Experienced NJ Legal Team Guide You Through Medical Leave and Workers’ Compensation Matters

A well-versed attorney is essential if you are deciding on whether to use FMLA or to use workers’ compensation, or even if both apply to your case in New Jersey. At Chamlin, Uliano & Walsh, our skilled lawyers have over 50 years of experience and we can help you navigate the necessary laws and procedures in your case, whether it be the complexities of taking leave under FMLA, workers’ compensation, or both systems, when you are busy worrying about recovery. To prevent things from going wrong with your claim, it is highly advisable to have a knowledgeable attorney on our team who can handle any situation that may arise. You can place your trust and your confidence in our decades of experience when you have concerns about taking time off from your job due to an injury or illness in Freehold, Colts Neck, Middletown, Wall, Long Branch, Red Bank, Howell, Manasquan, Toms River, Point Pleasant, and elsewhere in New Jersey. Simply fill out the form on our website or call us at 732-440-3950 to discuss your case with an attorney who can help.