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Should I sign leave of absence form from my employer if I'm on workers comp payments for work injury?South Carolina

Pelzer, SC |

I was injured at work.Is being 8 months and had to go trough the first surgery and schedule to have another one soon.My company sent me a form to sign for family leave of absence.They said is company rule.I don't want to sign anything that will compromise my rights as an injured employee,but I want to follow company protocol if it does not damage my situation.

Attorney Answers 5


  1. FMLA is a 3 month (12 Week) job guarantee while you are on unpaid medical leave. They could have had you sign one at the time of initial surgery, but perhaps you were only off a short period. You are entitled to 12 weeks within a year of start. I think you want to take the FMLA offer, because it actually helps you, and they probably just have to advise you that they are starting the clock. Good thing.

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  2. This is good advice, but you should also talk to a local worker’s comp. attorney before signing the FMLA paperwork to be on the safe side.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  3. Another point a little bit to the side of your question, but of major importance is this: if you've already had one surgery and are anticipating a second one you may not be able to return to the previous job you had because of your injury. Please get a local comp attorney, they can guide you through this process to maximize your benefits at the later stages of your case but also ensure your medical benefits and possible vocational rehabilitation (or job training/placement) is available before your claim is over.


  4. In SC, it is common for employers to run FMLA leave concurrently with Workers Compensation leave. It should not hurt your case, and you probably don't have any choice anyway. You will continue to be paid weekly checks under Workers Comp so long as the doctor continues to write you out of work. Its important to remember that once the 12 weeks of FMLA leave has expired, your employer does not have to hold your job for you, even if you are still out on Workers Comp leave. It sounds like you had a significant injury, I would recommend contacting an experienced Workers Comp lawyer.


  5. Most employers in SC run FMLA at same time you are out of work on comp. some companies terminate per policy after one year so watch your time

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