COBRA question - Printable Version
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COBRA question - gmgibson - 04-01-2008 07:51 PM
Ok, this is my first try with this forum, hope someone can help me.
My son was injured in Sept 07 (crushed foot). He is receiving wc pymts and medical expenses for said injury.
He has major medical with his employer, which he has kept up, but they informed him he could only have it for 12 weeks, then he had to begin COBRA.
He did return to work for several days, but due to his position, could not work four 10 hour days due to the injury. He came back out of work, began paying the premiums again.
His doctor released him back to 'light' duty 4 weeks ago, then yesterday released him to full duty but only for 4 hours daily. His doctor also stated, due to nerve damage/injury, the recovery will most likely be 2 years.
His company states they have nothing for him. Now he has the COBRA (800+) issue again.
We are presently looking for a new attorney as we are disatisfied with the present one. My question: 1. Can an employer drop a benefit such as medical insurance? and then force you to pay COBRA while out on wc?
RE: COBRA question - 1171 - 04-01-2008 08:41 PM
No, a worker cannot be forced to accept the cobra payments; it's totally their choice.
It should be presented to the worker as an option not forced on them.
for more information
workers comp does not provide additional benefits like health insurance or replacement for other payroll deductions; it's limited by law to disability, medical, impairment, and dependency benefits for the work injury.
RE: COBRA question - gmgibson - 04-01-2008 09:22 PM
1171 Wrote:No, a worker cannot be forced to accept the cobra payments; it's totally their choice.
Is he elligible for medicaid?
RE: COBRA question - AQA - 04-01-2008 10:17 PM
gmgibson Wrote:1171 Wrote:No, a worker cannot be forced to accept the cobra payments; it's totally their choice.
RE: COBRA question - jayne - 04-01-2008 11:10 PM
no they cannot force him to take COBRA however if he doesnt then he doesnt have any insurance beyond the injury WC is paying for
RE: COBRA question - Tuffy - 04-01-2008 11:40 PM
If his employer has left him go because they can not accomadate his restrictions he may want to try unemployment and another job. His employer can offer COBRA, but it is his choice if he wants to take it. Also he could try for medicaid.
RE: COBRA question - gmgibson - 04-02-2008 06:15 PM
I understand paying COBRA is a choice. What bothers me is that the employer can drop the insurance when an employee is injured with their company. My son was paying his share for the insurance, then at 12 weeks was told that in order to continue the benefit it would have to be done through COBRA. Seems this should have been discussed at time of injury when it was known he was going to be out for some time.
We have read through the employee handbook and this topic is not in it. The only place a 12 week time frame is discussed is with the 'family medical leave act'.
Michael is going to check in to medicaid, especially for his 2 1/2 yr old son who has asthma.
Thanks for the responses, I hope Michael will sign on so he has a better (more informative) 'sounding board' than his mom!
RE: COBRA question - tweety00 - 04-02-2008 06:49 PM
I believe each state has medical programs for kids .. but not sure if micheal will be covered ..
W/c is the employers insurance ok
RE: COBRA question - gmgibson - 04-02-2008 06:53 PM
tweety00 Wrote:I believe each state has medical programs for kids .. but not sure if micheal will be covered ..
Thanks for the reply.
Michael is in NC and you are right, depending on the income, he may not be eligible for medicaid, nor his son. I told him to check in to it anyway.