Workers’ Compensation & FMLA Leave

If a person is injured at work, they will most often try to claim workers’ compensation benefits in order to ensure the bills are paid while they recuperate. However, there are other state and federal programs like FMLA leave that provide relief to injured workers, and it is very easy to get oneself into a difficult situation if one does not know the difference between the two.

Two Different Programs

Workers’ compensation benefits are granted by an employer’s insurer when an employee is injured on the job, regardless of fault, in exchange for the employee waiving their right to file suit against the employer. The intent of the system is to ensure that an employee can focus on recovery instead of worrying about other matters, making them able to return to work more quickly.

Leave under the Family Medical Leave Act (FMLA), however, is just that – a period of unpaid leave of a specific duration. It does not grant any income, though it does offer a form of job protection in that an employer must retain a person on FMLA leave in their standard job or an equivalent position. A person must also qualify for FMLA leave, while workers’ compensation is available to anyone injured on the job.

Are Both Available To Me?

If a person is injured on the job, they have the right to seek workers’ compensation benefits – but in certain circumstances, they may also be able to file for FMLA leave. Federal rules state that a person may seek FMLA leave if:

• They have worked for their ‘covered’ employer for at least 12 months;
• They have worked for that employer for at least 1,250 hours in the past calendar year; and
• That employer has 50 or more employees within a 75-mile radius.

FMLA leave may also be sought only in specific situations, such as the birth of a child, to take care of a seriously injured family member, or to recover from a serious injury to oneself. Workers’ compensation benefits, at least in theory, are available to anyone injured at work as long as it can be shown that the injury was directly related to their employment.

Contact A Maitland Workers’ Compensation Attorney

Being injured at work is never easy, and it can be a relief to know that help is available – but it is crucial to be aware which options are right for you. A Maitland workers’ compensation attorney from the Hornsby Law Group can help get you through the legal process – call our office today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2025/440.015