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  1. #1
    Join Date
    Jul 2005
    Location
    PA
    Posts
    7

    Default Workmans comp and FMLA

    I have questions about workmans comp and FMLA. I injured my back in September of 2004. In October 2004 they diagnosed my back pain as a herniated disc, so I was taken out of work till December 2004. 2-3 months after I returned to work on light duty I got a letter from the HR dept. of my company stating that I owed back pay for copayments(medical,dental,etc...). I paid it but I am now wondering if what they did was right and legal since I never had a clue till the paper I got. Heres another question Ive been seeing the same doctor since October 2004 till present, and at first I was told Id be back to normal in no time. Now I keep getting told I need to find another job in a field that dont have alot of lifting, but when I asked the doctor to write it down so I can show my work and workmans comp he wont. Is there a reason why he wont write it down but continue to say this. So heres the next question: June 2005 I fell at work while on light duty for my back and tore a ligament in my ankle. So im off of work again and I just got a letter from the HR dept. stating that im on FMLA and that its expiring. I never received notification that they put me on. According to the paper my back injury was also used on FMLA while I was on workmans comp. I never had any idea I was on FMLA nor did I agree to be on it. CAN ANYONE INFORM ME ON WHAT TO DO

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Unpaid Insurance Copayments

    In most states, before money can be taken out of your paycheck by an employer for an alleged debt to the employer, you would have to consent to the deduction. If the copayments were owed under your insurance coverage, it is likely that you were legally compelled to pay them despite the late notice.

    You would have to ask your doctor why he won't put his opinion into writing; I could only guess.

    It sounds like your employer is coordinating your workers' compensation leave with FMLA leave. They are likely providing the explicit notice because of the different rights you have at the conclusion of an FMLA leave versus a workers' compensation leave. You would ordinarily have much stronger rights to return to work following FMLA leave.

    If you believe your employer is acting improperly, you should consider consulting with a workers' compensation lawyer or employee-side labor lawyer in your state.

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