Injured at Work? Your Rights Under the FMLA and Workers' Compensation Laws in Georgia

When a work injury knocks you off your feet, the last thing you need is confusion about your rights and benefits. While workers' compensation covers medical bills and partial wages, the Family and Medical Leave Act (FMLA) provides crucial job protection during your recovery. Our knowledgeable Georgia work injury lawyer, Jaret Spevak, explains what every Georgia employee should know about the FMLA and workers’ compensation.

What Is FMLA Leave and How Does It Affect Workers' Compensation Benefits in Georgia?

The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons, including a serious health condition that prevents you from working. If a job injury qualifies as a "serious health condition," you may take FMLA leave while pursuing a workers' compensation claim.

However, the FMLA and workers' compensation are separate programs with key differences:

• Purpose. Workers' compensation aims to treat and compensate workers for work-related injuries. The FMLA is designed to give you protection if you need to take unpaid time off or if you cannot work due to a serious health condition. You can also use it to care for a child, parent, or spouse.
• Eligibility. Workers' compensation eligibility typically begins for most employees on their first day of the job. The FMLA applies only after you have worked for your employer for at least 12 months, and accrued at least 1,250 work hours during the 12-month period prior to your leave request. In addition, your employer must employ 50 or more employees, based on certain federal stipulations, for you to have rights under the FMLA. 
• Benefits. Workers' comp pays medical bills and partial wages. The FMLA provides only unpaid leave.

How Does FMLA Protect Your Job After a Work Injury?

The central benefit of the Act is your right to take up to 12 weeks off with the guarantee that you can return to the same or an equivalent position. It prevents employers from replacing you while you recover from a work-related injury.

The FMLA also requires your employer to maintain your health benefits during leave. You'll still owe your usual share of premiums, but coverage should continue seamlessly.

Can You Get Paid Workers’ Compensation Benefits During the FMLA Leave for a Work Injury?

Yes, if you qualify for both the federal leave program and workers' compensation benefits. While leave under the FMLA is unpaid, workers' comp provides income replacement of two-thirds of your average weekly wage, up to a state cap in Georgia, for approved claims. You can receive these payments during your FMLA leave period.

Why Should You File for Workers' Comp If You're Already on FMLA?

Even with FMLA protections, it's critical to pursue a workers' compensation claim for any job-related injury or illness in Georgia. Here's why:

• No fault coverage. Workers' comp pays benefits regardless of who caused the injury, even if it was partially your fault.
• Necessary medical care. Under workers' comp, you’ll get all reasonable and necessary treatment for your injury at no cost to you.
• Work-loss benefits. Depending on the severity of your work injury, you can receive temporary partial disability (TPD), temporary total disability (TTD), or permanent partial disability (PPD) benefits. 
• Longer leave time. If your condition requires more than 12 weeks off, workers' comp can extend your medical leave time.

Why You Need a Work Injury Lawyer in Georgia

If you're hurt on the job, you may wonder if you really need an attorney to get FMLA leave and the workers' compensation benefits you deserve. While it's possible to handle minor claims on your own, it can be complicated to figure out your rights under the Act and workers’ compensation laws.  Here are several reasons to consult our skilled Georgia work injury lawyer at Rechtman & Spevak:

• Ensure proper filing. Our legal team can advise you regarding your FMLA rights and make sure you meet all deadlines for claim filing. We’ll also help you take the correct steps to build a strong case, collect the evidence you need, and guide you through the process of obtaining the workers’ comp benefits you deserve. 
• Maximize your benefits. Since 1995, attorney Jaret Spevak has helped injured workers throughout Georgia with workers’ compensation claims. As our testimonials state, he will fiercely defend your right to the full medical and wage benefits you're entitled to and pursue all other available sources of compensation.
• Appeal denials and delays. If the insurance company disputes or drags out your claim, you can count on us to keep your claim on track and present your case at hearings.
• Account for all losses. Jaret evaluates the full extent of your future medical needs, permanent disability, and lost earning potential—not just your immediate bills.

Don't let a workplace injury derail your life. At Rechtman & Spevak, we’re here to safeguard your rights.