Why You Should Consider FMLA During a Worker’s Compensation Claim

When you suffer an injury on the job, you may think that your Las Vegas worker’s compensation claim will provide you with all the protection you need. The truth is, while you may be entitled to some benefits, there is no guarantee that your claim will ensure that your job is waiting for you when you are released from your doctor’s care.

Worker’s Compensation in Las Vegas

Worker’s compensation is designed to protect workers who are injured while on the job. Worker’s compensation is a requirement for most employers in Nevada, and provides benefits that include:
• Compensation for time lost due to an on the job injury
• Coverage of any required medical treatment
• Vocational rehabilitation when needed due to injury
• Benefits for dependents in the case of death
• Permanent disability benefits
• Other benefits that may be covered, such as mileage

These protections apply to accidents that occur while you are at work, or when doing work-related errands on the clock. They may also apply in some cases of occupation-related diseases, and injuries that develop over time. However, if your injury occurs when you are off the clock, it will generally not be covered.

Time Off Work

If your injury requires you to miss work, you will be compensated for 2/3 of your normal pay while you are unable to work. In situations where you can only return to work with light duty, you may be eligible for additional benefits that can make up the difference if there is a significant decrease in pay between the two positions. While you will receive compensation if you were injured on the job, the Las Vegas worker’s compensation laws do not protect your job within the company.

Using FMLA

FMLA, or the Family Medical Leave Act, is a federal law that gives employees who work for organizations with more than 50 employees up to 12 weeks of leave if they meet the medical or family requirements. The main benefit of FMLA, which is unpaid, is that your employer must protect your position until you are able to return to work.

Job Protection and Worker’s Compensation

FMLA protects your job in the event you are unable to work due to a medical condition. However, while worker’s compensation does provide you with wage benefits and pays for medical bills that result from the injury, it does not protect your job during your absence. This means that your employer can replace you while you are receiving benefits through worker’s comp. If you are medically cleared to return to work, there is no guarantee that you can go back to your old position, or even have a place in the company at all. If you choose to use FMLA, your employer is required to hold your position for you until you return.

Worker’s compensation in Las Vegas can be difficult to understand. If you have any questions about how your claim was handled, you should always contact an attorney that is familiar with the laws in your area.

Bighorn Staff

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