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  1. #1
    Join Date
    Jan 2007
    Posts
    1

    Default Workers Comp vs FMLA

    Ten months ago I injured my back while moving furniture. I took care of it medically and everything was going great until 2 weeks ago while at work (I am an engineer for a Fortune 200 company in Florida). Two weeks ago I was asked to do a job that required me to be on my feet, in full business dress for 10 hours a day. I informed management that it was killing my back to be doing this and I needed to have another duty for this event. I was told to sit down for a few minutes but was then required to return to my feet after only a few minutes of sitting. At the end of the 2nd day I was in agony and even went to the company nurse who gave me some "back pain pills" to take for the pain. On day 3 I came in and specifically asked to trade duties with another person on the team and was denied. All during the three days I kept trying to loosen my back up and keep it from siezing, but to no avail. I've now gone to my chiropractor for several visits and during last nights visit he said I may need an MRI because I may have some disc damage.

    The HR director here called me into her office and expressed concern that I had taken off early a couple days to go to the chiropractor (I'm salaried, work 10-11 hour days routinely...but can't leave after a normal 8 hours?). She said I needed to file for FMLA because I was going to have to use my sick days, which I only have 5 to cover any time missed for this. I think I should be filing WC since I did this at work, it could have been avoided if they had listened to me, and if this becomes a major situation (results of the MRI), then I will need to make sure I've done the right thing now. What is the wisest...or at least the best course of action or next move on my part? My gut is telling me they are trying to protect the company at the expense of my back.

    Thanks in advance for any responses..

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Workers Comp vs FMLA

    It's not either/or. FMLA and workers comp are not mutually exclusive.

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