Legal Question in Employment Law in California
Employment/Worker's Compensation
I have been off work and I am currently getting worker's comp. benefits for my work related injury. I had regular health insurance through my employer prior to my temporary disability. My employer is telling me they are going to cancel my health insurance unless I want to start paying 100% out of my pocket. I just want to know if this is something they can legally do, and if so, do all employees lose their coverage when they have a work related injury? It doesn't seem right!
2 Answers from Attorneys
Re: Employment/Worker's Compensation
You apparently have been terminated, and are being offerred the COBRA option of keeping your insurance benefits in force, which means you pay the premium that the company used to pay for your coverage. If you don't take it, your insurance will be cancelled.
Re: Employment/Worker's Compensation
In some cases the cancellation of health insurance while recovering from a work related injury will be a violation of Labor Code Section 132a, which prohibits discrimination against employees using workers' comp benefits. You should discuss this action with your workers' compensation lawyer and s/he can determine whether a violation has occurred and how to best deal with it. S/he will need a copy of your company policies regarding health insurance and the summary booklet you were provided when you began receiving benefits. Request copies from your employer if you don't have the original materials.
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