Workers’ compensation is not the only program that can affect time off after an injury. Different programs have different rules, and they can overlap. This guide explains the differences in general terms only — see the Disclaimer.
Workers’ compensation
Pays for medical care and, in some cases, wage benefits for a work-related injury, without needing to prove fault in the usual way. See Benefits overview.
FMLA
The Family and Medical Leave Act can provide up to 12 weeks of job-protected, unpaid leave for a serious health condition, if you and your employer qualify. It does not pay wages, and it is separate from workers’ compensation.
ADA
The Americans with Disabilities Act can require reasonable accommodations for a disability, and can affect return-to-work planning, even if workers’ compensation is also involved. See Return to work and light duty.
Disability and unemployment
Short-term disability, Social Security disability, and unemployment benefits each have their own eligibility rules, and receiving one can affect another. Do not assume you qualify for any of them, and ask a professional before you apply, especially if you are still employed or receiving workers’ compensation benefits.
How the programs can overlap
The programs can overlap: you can have a workers’ compensation claim and FMLA leave at the same time, and the ADA can affect what work you can return to. That does not mean one program decides the others — each has its own eligibility rules, and receiving one can affect another. If your employer says FMLA leave applies while you are off work for a work injury, ask — in writing — how the two are being counted, and keep the answer.
Fired or threatened while you are off?
Losing your job, or being threatened with it, while you are off work for a work injury is a separate issue from benefits. Read Fired, Retaliated Against, or Threatened After a Work Injury if that happens to you. If your employer or doctor says a return to your old job is not possible, see What If I Cannot Return to Work After an Injury?
Returning to work
A return to work can be full duty or light duty, and the ADA can affect what accommodations are reasonable. Read Return to Work and Light Duty for how light duty works with workers’ compensation.
Verify against the IWCC: These programs each have their own eligibility rules, and receiving one can affect another. Check current guidance with the Illinois Workers’ Compensation Commission, and ask a professional before you apply for any of them.
This page is general information only. It is not medical advice, not legal advice, and this site is not a law firm. See the Disclaimer.
Related: After a work injury, FAQs.
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