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  1. #1
    Join Date
    Aug 2012

    Default WC vs. FMLA Notifications (Paperwork)

    I was injured at work on 3-4-12 sprained my right ankle. My boss was with me at the time of the injury and filed a incident report. I then started physical therapy 5 weeks after my injury and had PT for 9 weeks. During that time notifying my boss and workers comp company of all appts, PT etc. I then was released back to work with MME no restrictions even though I do not have full movement back in my toes. I went to work to return wit my dr. note and they told me they had only a part time sales position for me no benifits. I wa sa fuul time employee 40 hours with full benefits for my son and myself. I was completley shock because I was never advised in writing or verbally that this was going to happen. My boss at the time of my leave never notified my that my job was going to be posted out nor was i given any paperwork regarding my FMLA rights. One week prior to my dr. releasing me back to work the my woker's comp adjuster called me to ask me if I had notified the FMLA people who handle that portion of my leave if I had been in contact with them. I was then in shock again because I didn't know they were seperate claims??? and neither did she. So I then called the other company and they had no recorde of my FMLA ever being processed. But I did leave out that this company handle my case for the first 3 weeks of my leave paid me a benefit payment and gave me a claim number as well. But for some strange reson now they could not find any info on me so then I had to go through all the info again with them. That is when I finally received paperwork explaining my leave. It was dated July 26th, three days before I was to report back to work. So where I stand now if I am waiting for a HR Rep to call me back, he told me to be patient he would handle this it has now been two weeks and I have not been given any hours for 2 weeks and I have no workers comp benefits either. What to do?

  2. #2
    Join Date
    Feb 2007
    831 East Morehead St., Ste 355, Charlotte, NC 28202

    Default Re: WC vs. FMLA Notifications (Paperwork)

    You need an aggressive lawyer who understands both work comp and FMLA.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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