FMLA Rights After Traumatic Injury

[ambly1]

My question involves labor and employment law for the state of: NJ

I was involved in a MVA March of 2012. Without going into too much detail, I was hit by another vehicle doing over 70 mph with no attempts to stop. I was parked waiting in construction traffic. I have both back and neck injuries and tore the cartilage in both of my knee's. (yup, I have a personal injury attorney). My question is, with everything being dragged out by insurance companies, my FMLA is used up and I still need to have a cervical epidural (probably not too much of a big deal cause I will only need 1 day) and I have to have my knee's repaired. Did the whole P.T. thing which of course does not repair torn cartilage. Do I have any protections to keep my job should I go for the knee surgery? Can I use any protections under the ADA? Can't loose my job because I have two children on my health insurance and can't afford to loose it.

[Beth3]

Once you have used up your 12 weeks of FMLA, then your employer has no legal obligation to extend any further medical leave time to you. The ADA does not require that an employer extend leave time. If you have a disability as defined under the ADA (which has not been established), then extending a limited amount of additional leave time could potentially be a reasonable accommodation. Since you need knee surgery and healing time, even if your employer extended, say, two weeks more leave time under the ADA, I doubt that's going to help you out any.

Unless your exployer extends more leave time to you out of the goodness of their heart, then I'm afraid you are going to lose your job. You should speak to your employer and see if they're willing to grant you more leave time and if so, how much.

This doesn't help right now but if you do lose your job, obviously the amount of money you will want to settle for/sue for in your personal injury claim is going to go way up.

[Betty3]

Are you collecting NJ SDI? That is at least some income that can continue even if you lose your job.

(The maximum benefit amount which may be paid for each period of disability is one-third (1/3) of the total wages you earned in New Jersey covered employment during the base year, or 26 times the weekly benefit amount, whichever is less.--There is no extension of benefits once your maximum benefit amount has been reached or you have collected benefits for 26 weeks. )