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FMLA and Workers comp Connecticut

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  • FMLA and Workers comp Connecticut

    Hello

    I was injured at work 3-1-2007. The company doctor kept me out of work starting on 3-9-2007. After seeing many doctors and having many tests I had surgery on 7-20-2007. On 8-20-2007 my employer called me and told me I was terminated. They said my FMLA had run out and they needed to fill my job. FMLA is 16 weeks I think. That ran out before my surgery.

    Now I am still receiving workers comp but I have to pay COBRA for my family health care plan. I am facing another surgery.

    Is this legal? Does Workers Comp protect an injured worker at all?

    It seems that I would have been better off going through my own insurance, it would have been quicker with all the waiting for approvals, and I would be back to work.

  • #2
    FMLA only allows for 12 weeks of job protection. Worker's Comp doesn't allow for any protection. Having said that, you can't be fired for filing a worker's comp claim, but from your post it sounds like your employer terminated you for legal reasons.
    Somedays you're the windshield and somedays you're the bug.

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    • #3
      The CT state version of FMLA is 16 weeks.

      Although you cannot be fired BECAUSE you filed a workers comp claim, the fact that you filed a workers comp claim does not provide you with unlimited job protection either. Unless CT has a law that specifically grants additional job protection to those with workers comp claims (and while I can't say it's impossible, I've never heard that one exists) they are allowed to terminate your employment when your state- or Federally-protected medical leave runs out.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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