The Three Headed Monster
At times your workers’ compensation claims can be complicated by FMLA requirements. FMLA or the Family and Medical Leave Act is a federal law allowing employees to take up to twelve weeks of unpaid leave per year to care for themselves, or for a seriously ill family member, or for a new child without losing their job or health insurance.
When dealing with these complex issues, remember to look at each individual item separately. It is as if the one injured body has three heads; one for work comp benefits, one for FLMA, and another for ADA (Americans with Disabilities Act). Review the laws specific to your workers’ compensation claim separate from FMLA or ADA. My point is, that it is okay if an injured workers falls into one, two or even all three categories, but each should meet the criteria on its own merits and not because of the workers compensation claim.
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“5-Step Sequence to Coordinate Return-to-Work with ADA Compliance”
Do not combine the issues, but rather compare and contrast the benefits of each and making sure you meet the criteria of each, noting where there is overlap between them. Many companies give notice of FMLA notification at time of injury.
For more information on FMLA contact the Department of Labor at (866) 487-9243 or check out their website at https://www.dol.gov/agencies/whd/fmla
For information on the Americans with Disabilities Act of 1990 see http://www.eeoc.gov/types/ada.html
For information on workers compensation benefits check out your state specific information. Iinformation for each state which you can find on their website at STATE LAWS http://reduceyourworkerscomp.com//laws_and_regulations.php or www.workerscompensation.com
Victoria Powell is the President of VP Medical Consulting, LLC located in Central Arkansas. VP Medical Consulting is a nurse consulting firm providing services to employers, insurance companies, attorneys and the general public. Services include case management, life care planning, legal nurse consulting, ergonomics and patient advocacy. Ms. Powell holds specialty certifications in a variety of nursing specialties. She can be reached through the web at http://www.vp-medical.com/ or at 501-778-3378.
Reduce Your Workers Comp: www.ReduceYourWorkersComp.com/
Workers’ Comp Kit Books & Guides: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
Do not use this information without independent verification.
All state laws vary.
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