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I injured my back at work can I be forced to sign an FMLA?

Pasadena, TX |

I was sent to concentra which didn't xray or mri my back and told to take physical therapy and out of both my jobs, still in pain and workers comp has denied my case. That ended my physical therapy and Doctors visits. My employer now wants to have me sign a FMLA since I have been off for less than a month. I have no, let me repeat, NO income and checking with benevolent services and waiting for an ombudsman to call me. The phone call interview is listed almost a month from today. The claim was denied by TEXAS MUTUAL for discrepancies with witness statements. I feel like the witnesses cannot remember due to the large volume of work that day. Should I hold off from signing a FMLA (family med leave act), should I believe that an appeal will help, or seek a contingent Lawyer STAT?

My employer(s) won't allow me to return until a full duty release is received since I work a physical job.

Attorney Answers 4


  1. Best answer

    Only if you do NOT want to lose your job. Haven't you suffered long enough? Why are you waiting to hire an attorney to protect your rights?

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  2. I'm not sure what you mean by signing an FMLA. I am guessing that this means that the employer wants you to sign some sort of form reflecting that you are taking FMLA leave. However, without knowing what the form is or what it says, no one can advise you on whether to sign it.

    On the workers comp issue, it sounds like you need to get a lawyer right away.


  3. The FMLA merely gives you job protection for 12 weeks of absence; it does not continue your pay. If you have a WC case, that income does not affect your FMLA job guarantee. If you are on WC more than 3 months, that does not necessarily extend your job security. If the WC Carrier rejected liability for your injury, you might benefit from WC legal counsel.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


  4. It sounds like your employer does not have workers comp. but rather a third party non-subscriber insurance. Depending on how you were injured you may be able to sue your employer for the injuries. How were you hurt? If you have the denial letter I would be happy to discuss your options with you.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.

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