Injuries in the workplace, while common, can have a significant impact on an individual’s livelihood. Without protection, absence from a job could lead to demotions, lost wages, and other negative consequences. This is why the federal and state governments have enacted programs and statutes to protect injured workers while they recuperate to return to the workforce.
The federal government has created the Family and Medical Leave Act, which can protect a worker from termination or demotions while out of work for injuries, injured family members, or for the birth of a newborn. However, the state also requires employers of a certain size to provide workmans’ compensation insurance to their employees. Workmans’ comp not only protects employees from changes at their workplace but may also provide compensatory income to support them while they recover.
Conflicts over whether an employee will use FMLA or workmans’ comp can dramatically impact an injured employee. Consider scheduling a consultation with a skilled Mississippi workers’ compensation attorney from Lott Law by calling (228) 215-2787 to learn more about the options available.
What is FMLA?
The federal government has enacted several protections for workers in the United States, one of which is the Family and Medical Leave Act (FMLA). This act exists to protect the position and employment status of workers who are unable to return to the workforce temporarily due to injury, caring for a family member, or welcoming a newborn child into their home. The FMLA requires employers to provide twelve weeks of unpaid leave to employees who meet these criteria.
However, leaving under the FMLA does have its disadvantages. The FMLA does not provide compensatory income to support the employee during their leave. While it does protect their employment status and prevent them from being demoted while they are away, they may not have access to income during this leave.
What is Workmans’ Comp?
Workmans’ compensation, on the other hand, offers similar protections to the FMLA, with the additional benefit of potential compensation for injuries and the possibility of wage replacement. The added temporary income provided by workmans’ comp can help support an injured employee to get them back on their feet. However, the nature of the injury and the capacity that the employee can return to the workforce may affect what kind of disability benefits are awarded.
Temporary Partial Disability
Partial disability is awarded when the injured employee can return to the workforce in a diminished capacity. Generally, if the employee can return to work before the date of maximum improvement, workmans’ comp will provide them with temporary partial disability benefits. This form of workmans’ comp may slowly decrease as the employee returns to the workforce until they have fully recovered from their injuries.
An experienced personal injury lawyer from Lott Law may be able to provide insight into the nature of injuries and eligibility for FMLA or workers’ compensation.
Temporary Total Disability
Temporary total disability benefits are a form of workmans’ comp that supports injured employees who are completely unable to return to the workforce until they have fully recovered. This form of worker’s compensation is generally more consistent and may provide more significant benefits to injured employees for a longer period.
Permanent Partial Disability
However, some injuries may have permanent consequences for injured employees. Depending on the type of injury and its severity, employees may not be able to return to work in the same capacity even once they have fully recovered from the injury. In these cases, permanent disability benefits come into play. Permanent partial disability provides compensation for individuals who can return to the workforce at a reduced capacity due to injury. This may provide some compensation for reduced wage-earning capacity.
Permanent Total Disability
If an employee is injured in a way that causes permanent and total loss of earning capacity, they may be eligible for permanent total disability. Generally the highest form of workmans’ comp benefits, permanent total disability may help support a permanently injured worker who cannot reenter the workforce.
Common Misconceptions About Workman’s Comp and FMLA
According to the Mississippi Bar, worker’s compensation covers nearly every employee in Mississippi. However, the federal FMLA also applies to almost every worker in the United States. In some cases, it can be difficult to determine which protection applies to the employee and employers may insist that employees use up their twelve weeks of FMLA leave before applying for workmans’ comp.
While similar, FMLA and workmans’ comp are entirely separate programs that merely have certain overlapping jurisdictions. Employees could be eligible for FMLA while ineligible for workmans’ comp, or vice versa. This means that an injured employee may not even be eligible for FMLA even if they qualify for workers’ compensation.
Is FMLA Required Before Using Workmans’ Comp?
Due to the separate natures of FMLA and workmans’ compensation, the question of using FMLA leave before workmans’ comp is complex. While in many situations, an employer may ask their employees to take their FMLA leave instead of workmans’ comp, it may not be necessary. One must check and ensure that the injured employee qualifies for FMLA first, however, otherwise the employer may be in breach of workers’ compensation laws.
While some employers may insist or coerce employees into avoiding workmans’ comp claims when eligible for FMLA, this may not be the best option for the injured individual. Understanding the legal nuances that inform workers’ comp laws in Mississippi may clarify whether an injured worker qualifies for FMLA, workmans’ comp, or both.
Speak with a Mississippi Personal Injury Attorney
The distinctions between FMLA and workmans’ comp may be slight, but they can have considerable implications for an injured worker’s livelihood. Depending on the nature and extent of these injuries, they could leave a worker incapacitated for a significant period. Recovery alone is difficult, but these stressors can be compounded by financial worries and a lack of steady income to support healing and prepare the injured worker to return to the workforce.
This is why having confidence in workers’ comp payments and understanding the qualifications for each form of protection can be so valuable. Ensuring adequate coverage and compensation for injuries can help workers on the road to recovery, and may help provide additional peace of mind. An experienced workers’ compensation lawyer from Naro Law may be able to evaluate a case and assist with other details of filing a workmans’ comp claim. Consider scheduling an appointment today at (228) 215-2787.
