when you are out for a workers comp injury can you use FMLA??
2 Answers from Attorneys
yes, the question is whether you want to or not. seek legal adice.
When you are out on workers' compensation, due to an injury on the job, both you, and your employer, have the option to also consider your time off as FMLA time. Although you have no choice but to accept your employer's designation of FMLA time, if you are placed off work, you do not have to take off work, designated as FMLA, if you choose to continue working. The decision to use FMLA time, if you want to do so, is a question that involves a number of different legal issues. I would recommend you seek expert help to determine what course of action is best for you, in your individual situation.