Legal Question in Workers Comp in New York

Workman's Comp & FMLA

My employer is telling me that it is mandatory that I fill out FMLA paper work even though I'm out on workman's comp. I have an open and approved claim. I work in NJ but live in NY. I'm using NY workman's comp. I'm confused if I have job security with workman's comp. Do I have to file FMLA? Can I quit my job while out on workman's comp and still be covered? Can my employer fire me after the 12 weeks of FMLA even if I'm out on workman's comp?


Asked on 5/14/08, 4:57 pm

2 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Workman's Comp & FMLA

Watch out! This may be a trap. I suggest that you contact a workers compensation attorney immediately and talk to them before you sign any FMLA papers.

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Answered on 5/14/08, 5:20 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Workman's Comp & FMLA

You have many questions that I can give you general answers on but I need more information for me to give you an answer that is helpful to you. Call me, Pasquale Calcagno, Esq. for a free consultation at 1(800)wefight.com and visit our website for helpful information on Workers Compensation at www.1800wefight.com (search "workers compensation").

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Answered on 5/16/08, 9:08 am


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