Workers Comp and Fmla: Can You Get Both?

✓ Verified October 05, 2026

Workers comp and fmla can both apply to you at the same time, and in most cases they run side by side for the same injury. They do different jobs. Workers’ comp pays your medical bills and part of your lost wages. The Family and Medical Leave Act (FMLA) does not pay you anything. It protects your job and your health insurance while you are out. Because FMLA is unpaid leave, workers’ comp checks are generally not reduced because you are also on FMLA.

The short answer: Yes, you can typically have both. Workers’ comp replaces part of your pay and covers treatment. FMLA holds your job for up to 12 weeks and keeps your group health coverage going. Your employer is allowed to count your workers’ comp time off against your 12 FMLA weeks, so both clocks often run at once. However, your employer cannot make you use paid vacation or sick leave while you are getting workers’ comp wage checks, unless you both agree to it.

Workers Comp And Fmla: The Rule

The U.S. Department of Labor sets the federal rules. Under its FMLA regulations, an absence caused by a work injury can count as FMLA leave if the injury is a “serious health condition.” Most injuries that keep you off work for more than three days, or need ongoing treatment, qualify. As a result, your employer may designate your workers’ comp absence as FMLA leave. The two then run concurrently, not one after the other.

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FMLA covers you only if your employer has 50 or more employees within 75 miles. You must also have worked there at least 12 months and at least 1,250 hours in the past 12 months. Workers’ comp is different. In most states it covers you from your first day on the job. For example, a new hire injured in week two may get workers’ comp but not FMLA. You can read the federal eligibility rules on the U.S. Department of Labor FMLA page.

The table below shows how workers comp and fmla compare on the points that matter most.

Key point Workers’ comp FMLA
Pays wages? Yes, partial wage benefits (amount and weekly cap set by your state) No, FMLA leave is unpaid
Pays medical bills? Yes, for the work injury No
Job protection Not guaranteed by comp law alone in most states Same or equivalent job for up to 12 weeks
Health insurance Not required to continue Employer must keep group coverage on the same terms
Employer size Most employers, often from day one 50+ employees within 75 miles
Your work history Usually none required 12 months and 1,250 hours worked
Length As long as your state law and medical proof allow 12 weeks per 12-month period (26 weeks for military caregiver leave)
Employer designation notice Not applicable Within 5 business days of knowing the leave may qualify
Deadline to sue for a violation Set by your state 2 years, or 3 years if the violation was willful

These figures come from federal FMLA rules. Your state’s comp benefit amount is separate. Confirm your state’s weekly cap with your state workers’ comp board.

When the Answer Changes

The biggest twist with workers comp and fmla is light duty. Suppose your doctor clears you for a light-duty job. Your employer offers one. Under the federal rules, you may turn it down and keep your FMLA job protection. However, your state may then stop or cut your workers’ comp wage checks. That is a real money trade-off. Talk it through with a licensed attorney before you say no to light duty.

The 12-week limit is the second trap. Many injuries take longer than 12 weeks to heal. Once FMLA runs out, your job protection under FMLA ends. Your workers’ comp benefits typically keep going if you are still medically unable to work. However, your employer may be able to fill your position. In that case, other laws may still help. For example, the Americans with Disabilities Act may require extra leave as a reasonable accommodation. Many states also bar firing a worker for filing a comp claim.

Some states add their own rules on top of federal law. California’s leave law (CFRA) covers employers with as few as 5 employees. New York, New Jersey, Washington, and Massachusetts have paid family or medical leave programs. In those states, paid leave and comp wage benefits usually cannot both pay for the same lost wages. Check with the California Division of Workers’ Compensation or the New York Workers’ Compensation Board for your state’s rules.

What to Do Next

First, report your injury to your employer in writing, right away. Ask your employer whether your time off is being counted as FMLA leave. Typically, they must send you a written designation notice. Keep copies of every notice, doctor’s note, and work restriction. If your employer asks for an FMLA medical certification, get it back on time. In most cases, you have at least 15 calendar days to return it.

Next, track your 12 weeks on a calendar. Know the date your FMLA protection ends. If you will not be healed by then, ask your employer in writing about more leave. Before you turn down light duty or sign any settlement, confirm the rules with your state workers’ comp board and a licensed attorney. Settlement amounts are illustrative only, and every case is different.

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Injury notice deadlines are short. California, New York, Texas, and Florida generally require you to notify your employer within 30 days of a work injury. Missing it can put your workers’ comp claim at risk. FMLA violation claims must be filed within 2 years (3 years if willful). Confirm your exact deadline with your state workers’ comp board and a licensed attorney.

Frequently Asked Questions

Can my employer make me use vacation days while I’m on workers comp and fmla?

Typically, no. Federal rules say your employer cannot require you to use paid leave while you receive workers’ comp wage benefits. However, you and your employer may agree to use paid leave to top up your comp checks, if your state allows it.

Does FMLA reduce my workers’ comp checks?

In most cases, no. FMLA is unpaid, so there is nothing to offset. Your comp benefits follow your state’s formula and weekly cap, whether or not you are on FMLA at the same time.

Can I be fired after my 12 weeks of FMLA run out?

FMLA job protection ends after 12 weeks. However, the ADA and many state laws may still protect you, and firing someone for filing a comp claim is illegal in most states. If this happens, talk to your state workers’ comp board and a licensed attorney promptly.

Bottom line: Workers comp and fmla usually work together. Comp pays part of your wages and your medical care, while FMLA holds your job and health insurance for up to 12 weeks. Watch the light-duty trap and the 12-week clock closely, and confirm your rights with your state board and a licensed attorney before making big decisions.

Workers comp and fmla: Quick Recap

If you remember one thing about workers comp and fmla, make it this: the rule is set by the state (or the federal program), not by the insurer, and the official source is linked above. Every figure on this page about workers comp and fmla should be confirmed with the agency before you act on it.

Questions about workers comp and fmla that this page does not answer are usually answered for free by the state workers’ comp agency’s information line — and, for a disputed claim, by a licensed attorney in a first consultation.

See your state’s exact numbers

What you are owed depends on your state’s benefit caps and deadlines. Start with your state’s settlement and claim guides for the exact figures.

Find Your State’s Workers Comp Guide →

Sources & How to Verify

The figures on this page come from official government and industry sources. Workers’ comp benefit caps, deadlines, and rules change, so always confirm the exact figure with your state’s workers’ comp board or a licensed attorney before acting. Settlement estimates are illustrative, and every case is different.

  • Your state workers’ comp board, division, or commission: the official source for your state’s exact caps, deadlines, and forms — search “[your state] workers compensation board”
  • U.S. Department of Labor (OWCP): dol.gov — federal workers’ compensation overview
  • NCCI: ncci.com — workers’ comp rating and benefit data
  • Social Security Administration: ssa.gov — benefit-cap and SSDI offset data
  • Insurance Information Institute: iii.org — neutral workers’ comp background

Content last reviewed October 2026. If you notice an outdated figure, please contact us.

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