If you’ve suffered a workplace injury, you’re likely feeling a lot of stress over whether or not your job will be safe while you’re recovering. In most cases, employers are not legally required to hold jobs for employees who become injured or disabled on the job and are unable to continue working as a result. The good news though is there are still plenty of resources out there to can help you maintain your quality of life and protect your financial security while you’re out of work, and even help you get back to work as soon as possible.
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federally enforced piece of legislation that authorizes qualifying employees to receive up to “12 weeks of unpaid leave per year for family or medical reasons,” during which time recipients will be “guaranteed job protection and continuation of group health insurance coverage.” To learn more about whether or not you qualify for FMLA assistance, contact our workers’ compensation attorneys at Esper Aiello Law Group now.
Workers’ compensation is a right for all employees in Michigan, allowing anyone who has been hurt on the job to receive necessary “lost wages, medical care, and vocational rehabilitation.” Wage loss benefits will be paid so long as a person is deemed disabled, and will equal 80% of their after-tax weekly earnings from before your accident. You may be offered “reasonable employment” or “favored work” through your employer instead of wage loss benefits, but be aware, if you refuse, your wage loss benefits might be suspended. To garner more clarity on the specifics of workers’ comp and its many benefits, we encourage you to consult our seasoned workers’ compensation attorneys at Esper Aiello Law Group.
Receiving FMLA and Workers’ Comp Simultaneously
In short, a person is in fact, capable of receiving FMLA and workers’ comp benefits simultaneously. You will end up with “overlapping legal rights and protections,” and you should definitely cooperate fully with your employer to ensure all requirements for receiving assistance have been fulfilled, but it can be done. It will also ensure at least a little job protection while you receive workers’ comp as well.
If you’re worried about getting fired for pursuing the financial assistance you’re entitled to, don’t be. Michigan law has strict prohibitions for employers who may try to fire or discriminate against any injured employee, and simple asking for lost wages or medical benefits could suffice in triggering your protection. This extends to “performance reviews, harassment, changes to job duties, demotion, salary reduction, negative references, and unwarranted disciplinary action.” If you feel as though your employer is lashing out at you or threatening your employment because you are filing for workers’ comp, you should consult our fiercely loyal attorneys at Esper Aiello Law Group right away. Call us, today, at 313.964.4900 or fill out the form in the sidebar or on our contact page, and learn more about how we can help you.