Med. benefits

[gator76]

Is it legal for an employer to terminate your regular family medical benefits on the day that you were injured on the job? I have a daughter that has severe epilepsy and need that coverage for her drugs!! My doctor released me for "extra" light duty like a desk job of some sort and no driving!! My employer was notified that day of that and the Gen. Mngr. told me they did not have anything like that!!! Not my fault, right? I was released for this like 1 week after my knee surgery. I am 5 weeks and a couple days post meniscus repair surgery and just recieved notice that my insurance is cancelled! Not my workers comp, I'm still getting it so far, but my employee medical coverage! Nothing was pre existing according to the Doc. so they cant say that! I'm at my witts end here!!!! Can anybody shed some light on this for me? Should I contact my attorney?

[Sithie]

I wish I could be of some help, but I dunno. I DO know there are others who will be along who can answer that, hang in there. I would definatly call my state WC board and ask them

[cfree1961]

Hi Gator
Welcome to the forum sorry to hear of the trouble,not sure what answer to give you I live in Michigan and mine is being paid I'm assuming by comp I got a notice in the mail that my employer did not make the payment in Dec06 from my union insurance and they would tell me when I would have to pay it myself but I never got a notice and it has been paid as far as I know sense I and the wife have used it for scripts not related to my injury and my copays are normal and so are my wifes doctor visits and mine that are not injury related,I'm assuming and have been told comp has to pay it and if I missed it sorry but what state are you in that will help A LOT maybe the more knowledgeable one here can help you more. typing one handed here sorry for any miss types.

[gator76]

Thanks guys!!! I am from Illinois. I just found out that they can legally do that and dont have to give any notice!! Bunch of bull if you ask me!! I called one of our supervisors and he said the same happened to him once and he argued it too! I'm not union(dont know if that matters). I work for a general contractor at a local ADM plant. Good news is I found out that we may qualify for Illinois All Kids insurance!!! Some instances they cover adults too!! Going to thier local office tomorrow mornin they only take 5 apps. a day, so gotta hurry!!!! Thing is I was released for light duty and they dont have anything for me like that. I dont know if I've got'em there or not!! Whole thing is aggravating!!!!!!!!!!!! Thanks again!!

[1171]

It sounds like you have been terminated and, of course, all benefits as well.
If your employment is covered by the Family Medical Leave Act your job should be protected for upto 12 weeks of lost time.
To learn more about FMLA see their website:
http://www.dol.gov/esa/whd/fmla/

[dipweed23]

Even if you where terminated they are supposed to send you COBRA papers, in case you want/can afford it on your own. I believe they are supposed to send papers before coverage is ended.

[NewDriver]

Gator76, How long have you been with your current employer? If at least 12 months then have you worked at least 1250 hours in those 12 months? And finally does your employer have at least 50 employees within a 75 mile radius of your work location?

If you answered YES to the above you can not be terminated for need of time off for your serious medical condition and as 1171 said you wuold be eligible for up to 12 weeks of job protection which includes all medical benefits must remain in tact at eh current rate. The employer is required by federal law to continue paying thier part of the premium for those 12 weeks.

After the 12 weeks however they can fire you and you would have to take COBRA to keep your insurance.

Your state may have a state version of FMLA that offers better protections than that of federal but it must at least be equal to federal FMLA.

Further if you don't qualify for FMLA you should still qulaify to keep your insurance through COBRA even if you have to drop everyone but your daughter. Your employer has 30 days from the day you are termed or otherwise loose insurance coverage to get the COBRA PW to you and you have an additional 30 days to get them submitted. You will be required to back pay from the day your coverage was terminated and that can be a whopper of a bill.

Let us know how things work out for you Gator.

[Tuffy]

I,am also from Illinois, and something sounds strange, I would contact your attorney. All have given you good opinions, I do not see how they can term your insurance on the day of your injury. most insurance runs from month to month and if you were also paying and it was up to date you would still have it in effect at least untill the end of that period. Then your employer has as explained earlier 30 days to send you the paper work offering and explaining Cobra.

Sounds to me as you were terminated and your employer does not have to notify you of this. maybe Bad Boy can explain this better than I, He is very knoledgable as he is also from Illinois. Yes Illinois has a good plan to cover all our children, Thank our Governor for that. and good luck. also Welcome and keep us up to date.

[gator76]

This is great information !! Thanks to all that have written in!! My employers insurance told me that they have sent the policy ending notice out on july 30th and a cobra notice on the 31st. Shouldnt I have recieved the Cobra notice first? I've not got my mail yet today, so I probably should expect something about cobra today. I'm contacting my lawyer today for legal advice! I've been with the company 2 years this month. I pay 75.00 a week for the insurance out of my check. If my employer would keep the policy open and allow me to pay the 75 and they kick in the rest that would be o.k.!!! I dont know!!!! Well gotta go.... I'll check in later this evening!!! Thanks again!!

[1171]

http://www.allkidscovered.com/
http://www.i-saverx.net/
http://www.illinoisrxbuyingclub.com/