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Thread: Refusal of workers comp for FMLA Alabama

  1. #1
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    Default Refusal of workers comp for FMLA Alabama

    If an employee comes in and requests FMLA but clearly states that they hurt themselves at work, should the employer force the employee to see the work comp doctor? The employee knows the company has a return to work program for light duty restrictions, but the employee does not want to work. This employee is always looking for away to miss work.

  2. #2
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    Workers comp and FMLA are not mutually exclusive. Nothing in the law says that if the injury happens at work, FMLA does not apply.
    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.

  3. #3
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    Info on WC in Alabama is here http://dir.alabama.gov/wc/faq.aspx
    What is recommended for getting the correct and proper treating medical provider from the beginning of the claim?DIR Administrative Code 480-5-5-.12 - The employer/carrier directs care. Except in the case of an emergency, claimant should be sent to the employer/carrier’s chosen primary care provider who will treat and recommend referral to a specialist, when necessary. The employer/carrier directs the care from the moment the injury notice has been given, not after treatment has been ongoing.
    This employEE should file the first report of injury, you direct to seek initial treatment, and proceed with the claim. If you are covered by a policy of liability, you need to file a claim with the carrier. They will take over the administration and pay benefits due.

    If the EE is eligible for unpaid leave under FMLA, you must provide that information, and the necessary forms.
    WC and FMLA leave may be run concurrently, and ER"s are encouraged to do so.
    When is a WC injury covered under the FMLA?If the employee is eligible for leave under the FMLA and the injury is considered a "serious health condition," the WC leave should be treated under the FMLA. The FMLA defines serious health condition broadly to include any "illness, injury, impairment, or physical or mental condition that involves" either inpatient care or continuing treatment by a health care provider. The statute does not distinguish between work-related and nonwork-related injuries. Thus, any on-the-job injury that requires an employee to take leave to seek inpatient care or continuing treatment likely will be covered by the FMLA.

    Accordingly, whenever an employee is injured on the job and needs time off to recover, the employer immediately should determine if the employee also is eligible for leave under the FMLA. If the employee is eligible for FMLA leave, the employer should notify the employee in writing that the leave is covered under the FMLA so that the leave time may be counted against the employee’s 12-week FMLA entitlement. If the employer does not run the WC leave concurrently with the FMLA leave, the employee may still have the full 12-week FMLA entitlement available to use after the WC leave.
    More Q&A's on WC/FMLA/ADA are here http://www.ppspublishers.com/articles/fmla.htm#2. When is a WC injury covered under the FMLA
    ...arly states that they hurt themselves at work, should the employer force the employee to see the work comp doctor?
    If the injury requires more treatment than what first aid may resolve, you should definately file a WC claim. Send the IW to your Dr. for initial treatment.
    If the first aid is sufficient, to "cure and or relive from the effects of the injury", there would be no "serious health condition" that would trigger eligibility under FMLA.

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