Legal Question in Workers Comp in California

If I'm on work comp and they r terminating my position will I lose medical insurance and other?


Asked on 9/24/14, 12:24 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Sadly, yes. There is nothing in the Labor Code requiring the employer to pay health insurance benefits for a worker Temporarily Totally Disabled. BE CERTAIN to keep in contact IN WRITING with Human Resources with a current mailing address, and when the position you held is officially eliminated, you need to be certain your COBRA Health Insurance Continuation documents arrive at your CURRENT mailing address within 30 days.

Very frequently, employers send COBRA materials to the first address (explaining the health insurance payments by the company are ending you must pay) and the worker never gets the notice in time to make any health insurance payments. They find out there no health insurance when the doctor's office bills the insurer and then sends the huge bill to you.

A POSSIBLE SOLUTION? depending on where you are in your healing, can you ask the Primary Treating Comp Doctor to return to you a TRIAL of full duty work?? Sometimes, when you are on-the-job and working when a position is eliminated, Human Resources doesn't want an Unemployment Claim and they move you to another post... AFTER you are transferred, you can have the Comp Doc return you to Temporary Total Disability again if you need more time to heal.

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Answered on 9/29/14, 10:41 am


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