FMLA vs. Workers’ Compensation: What’s the Difference?

If you get hurt on the job in Philadelphia, you have legal protections. Two of the most important are the Family and Medical Leave Act (FMLA) and Pennsylvania workers’ compensation. Many workers get confused about how these programs work, how they differ, and whether they can use both at once. Understanding each option helps you make the right choice and protect your job, your health, and your paycheck. If you still have questions after reading, a Philadelphia workers’ compensation attorney can guide you through your rights.

What Is FMLA and Who Can Use It?

The Family and Medical Leave Act (FMLA) is a federal law. It gives certain workers up to 12 weeks of unpaid, job-protected leave each year. You can use FMLA for your own serious health condition, including injuries or illnesses, or to care for close family members who are sick. The law covers private employers with 50 or more employees, public agencies, and schools. You must have worked there at least 12 months and logged at least 1,250 hours in the previous year.

FMLA leave keeps your job protected. That means your boss can’t fire you or demote you just for using it. When you come back, you get your job or an equivalent job with the same pay and benefits. But FMLA is unpaid. Your employer may require you to use any paid time off before the leave becomes unpaid. While you’re out, your health insurance must continue on the same terms.

Using FMLA is common after surgeries, for new parents, or when recovering from serious injuries. Many Philly workers use FMLA after a work accident, but that’s not the only option. If you were hurt at work, you might also qualify for workers’ compensation, which can pay for medical bills and some lost wages.

What Is Workers’ Compensation and Who Qualifies?

Workers’ compensation is a no-fault insurance program required by Pennsylvania law. It covers injuries and illnesses that happen at work or as a result of work. Every employer in Philadelphia, large or small, must provide this coverage for their employees. If you’re hurt lifting heavy boxes, slip and fall at work, or develop carpal tunnel syndrome from repetitive tasks, you have a right to file a claim.

Workers’ compensation pays for all reasonable medical expenses related to your injury. If you’re off work for more than seven days, it can also pay a portion of your lost wages, usually about two-thirds of your average pay. Payments continue as long as you’re unable to work, up to certain limits.

Unlike FMLA, workers’ comp is a state-mandated insurance program, not a federal law. It doesn’t matter how long you’ve worked or how many hours you’ve put in. If you’re an employee and get hurt on the job, you qualify unless you were intoxicated or intentionally hurt yourself. A work injury lawyer can help you file the right paperwork and push back if your employer tries to deny your claim. Learn more at Philly work injury lawyer.

Key Differences Between FMLA and Workers’ Compensation

The main difference between FMLA and workers’ compensation is what each program covers and how you receive benefits. Here’s a simple breakdown:

1. Purpose:
FMLA is for any serious health condition, whether work-related or not. Workers’ comp only covers injuries or illnesses from work.

2. Pay:
FMLA provides unpaid leave. You keep your job, but you don’t get a paycheck unless you use vacation or sick days. Workers’ compensation pays medical bills and usually a portion of lost wages.

3. Eligibility:
FMLA has requirements about employer size and how long you’ve worked there. Workers’ comp usually covers all employees from day one.

4. Length of Benefits:
FMLA gives up to 12 weeks of job-protected leave per year. Workers’ compensation lasts as long as your doctor says you can’t work, up to state-mandated limits.

5. Job Protection:
Both protect your job, but in different ways. FMLA guarantees you can return to your job or a similar one. Workers’ comp makes it illegal for your boss to fire you just for filing a claim, but it doesn’t guarantee the same job when you return.

If you’re missing work because of an on-the-job injury, you may need both protections. A workers’ compensation lawyer can help you decide how to coordinate your leave and benefits.

Can You Use FMLA and Workers’ Compensation Together?

Yes, you can sometimes use FMLA and workers’ compensation at the same time. If you qualify for both, your employer might even count your workers’ comp leave as FMLA leave. For example, if you break your leg at work and your doctor says you need six weeks to heal, your employer can put you on workers’ comp and count the time as FMLA leave too. You get paid from workers’ comp (not from your employer) and still keep your job protected under FMLA.

But there are some things to watch out for. If you use up your 12 weeks of FMLA, your job may not be protected after that. Workers’ comp could keep paying you, but your employer might not hold your job past those 12 weeks. That’s why it’s important to track how much FMLA time you use and talk to your HR department. If you run into trouble or feel pressured to return to work before you’re ready, contact a workers’ compensation attorney for help.

Protecting Your Rights After a Work Injury in Philadelphia

If you’re hurt on the job, you may feel overwhelmed with paperwork, medical visits, and calls from your employer or their insurance company. Don’t go through the process alone. A work injury lawyer can explain your options, complete the proper forms, and fight for your rights. If you’re worried about your job or your paycheck, the right lawyer can help you combine FMLA and workers’ compensation in a way that works for you.

In some cases, your injury may involve more than just lost wages or medical bills. If someone other than your employer caused your injury, you may also have a personal injury claim. In that case, talk to a Philadelphia personal injury lawyer to maximize your recovery.

Remember, deadlines for reporting injuries and filing claims are strict in Pennsylvania. Report your injury to your employer as soon as possible, seek medical care, and contact a workers’ compensation attorney if you hit a roadblock. Waiting too long can put your rights and benefits at risk.

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FAQs About the Difference Between FMLA and Workers’ Compensation

Can I get fired while on FMLA or workers’ comp leave?

Both FMLA and workers’ comp make it illegal for your boss to fire you just for using your rights. But, you can be let go for unrelated reasons, like company layoffs. If you think you were let go because you took leave, contact an attorney right away.

Do I have to use FMLA if I’m already on workers’ comp?

Your employer can count your workers’ comp leave as FMLA if you qualify for both. You can’t be forced to use vacation or sick time before using workers’ comp, but you may need to use paid time off before FMLA becomes unpaid.

What if my workers’ comp claim is denied?

You have the right to appeal. A work injury lawyer can help build your case, gather medical evidence, and represent you at hearings to fight for your benefits.

Can I sue my employer for a work injury if I get workers’ comp?

In most cases, you can’t sue your employer directly if you get workers’ comp. However, if someone else (like a contractor or equipment manufacturer) caused your injury, you might have a third-party personal injury claim. Talk to a lawyer to explore your options.

Other Resources on Employer & Insurance Company Tactics

• When Your Employer Is Uninsured: What Are Your Options?
• FMLA vs. Workers’ Compensation: What’s the Difference?
• Employer Retaliation: Your Legal Protections
• Dealing with Workers’ Comp Insurance Adjusters
• Common Ways Employers Dispute Injury Claims