Legal Question in Workers Comp in California
Workers comp and health insurance
I have been on workers comp since June of this year. This past month my employer sent a letter stating that due to an accidental over sight they have been paying my weekly insurance dues that would normally come out of my check. They said they were not asking for what they had already paid out but starting Dec. we owe them over $400 a month to keep my health and dental insurance. Can they do this if I am still on workers comp?
1 Answer from Attorneys
Re: Workers comp and health insurance
Most adjusters and almost all employers would not know the answer to this question. It has been years since I last fully handled a WC cases, but the law remains that you can not discriminate against someone because they suffer an on th job injury. The employer should treat the injured worker as if he was still at work. Based upon that analysis, no the health insurance payments should not be dropped by your employer. Since this is an employer based work benefit, contact the employer for any WCAB or other court rulings in their favor and tel them that a former State Fund, certificated WC specialist disagrees with them.
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