Thank you for your question. I look forward to working with you to provide you the information you are seeking.
Under the law workers compensation
claims run concurrent with time off from work under the Family and Medical Leave Act. Under the FMLA
, the employee is entitled to job protection for up to only 12 weeks and after that time the employer is free to terminate the employee. People who told you that you could sue them are not correct I am afraid. You would be entitled to continued workers compensation payments and when you are cured and your doctor releases you, if the employer terminates you then you are entitled to receive unemployment
because the termination
was without good cause through no fault of your own.
The only way you could sue them is if you have a written contract for employment and that contract specifies you are entitled to additional job protection beyond the FMLA or that they cannot fire you while you are out on workers compensation. Absent some contract to that effect, I am afraid that you are an at will
employee and outside of the FMLA protection and as such your only right would be entitled to workers compensation benefits until cured and then unemployment benefits
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