Important Notice: We have deployed some new anti-spam measures that have enabled us to once again allow registration with a simple email verification. However, please do not hesitate to report suspected spam threads should they arise.

Spammers take note - your posts, if successful, will not last here. Our community is vigilant in identifying and reporting spam posts for IMMEDIATE removal. Don't waste your time!

Post Reply 
 
Thread Rating:
  • 0 Votes - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
termination while on WC!?!
06-08-2007, 12:36 AM
Post: #1
Question termination while on WC!?!
I live in Illinois-been on WC since june '06
I just got a letter offering me cobra insurance since my employment was terminated in may 07!-can they do this? i have not heard anything from my employer about this
I have a lawyer-trying to get benefits restarted since they stopped them in january after the IME report
any comments greatly appreciated...
Find all posts by this user
Quote this message in a reply
06-08-2007, 12:40 AM (This post was last modified: 06-08-2007 12:40 AM by Phlebo.)
Post: #2
RE: termination while on WC!?!
I can't help you as I live in another state but keep the faith as someone here will be able to provide you an answer!
Find all posts by this user
Quote this message in a reply
06-08-2007, 06:26 AM
Post: #3
RE: termination while on WC!?!

oakton.........also not sure because i am in a different state. My employer put me on FMLA as soon as my claim was denied. Have not been terminated yet but since I have been on unpaid leave since Oct. I have had to pay $1100 a month for my benefits. Am I understanding you right? They stopped your benefits in January but didn't terminate you until MAY??? That i don't get.


CAP

God is never late.

In the end it doesn't matter how many years were in your life but how much life was in your years.
Find all posts by this user
Quote this message in a reply
06-08-2007, 10:19 AM
Post: #4
RE: termination while on WC!?!
I don't see anything done illegal as from what you stated.

Also were you working? After the injury?

I'm in Illinois, also, tell what part or town your in. I will try very hard to help you. Your Work Comp Attorney mostly won't handle Employment issue. Does your Attorney have a web site, if so post it here.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
Find all posts by this user
Quote this message in a reply
06-08-2007, 10:26 AM
Post: #5
RE: termination while on WC!?!
oakton,
I was alo terminated while on WC. It happened the same day that I was put at MMI. Two weeks after I was put at MMI, I got a letter from my employer (Cobra info too) , that I was terminated the day I hit MMI. But, my WC benefits did not cease. Are you at MMI? Why did you benefits stop in Jan? What did the IME say?
Take care, LillySmile

Injured worker, & tired of it all! I'm too old for games!!

A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
Find all posts by this user
Quote this message in a reply
06-08-2007, 10:32 AM (This post was last modified: 06-08-2007 07:05 PM by WCisBS.)
Post: #6
RE: termination while on WC!?!
yes they can. Having a claim does not give a worker immunity from termination. workers comp does not pay an employee's share of their health insurance. FMLA laws do protect the employee's job for 12 weeks [corrected] and requires the employer offer the cobra option for maintaining health insurance.
Find all posts by this user
Quote this message in a reply
06-08-2007, 06:37 PM
Post: #7
RE: termination while on WC!?!

Did you call and ask them why you were fired? If not I would call and ask and also request it in writing.

"If you don't stand for something you will fall for anything."
Find all posts by this user
Quote this message in a reply
06-08-2007, 06:52 PM
Post: #8
RE: termination while on WC!?!
1171 Wrote:yes they can. Having a claim does not give a worker immunity from termination. workers comp does not pay an employee's share of their health insurance. FMLA laws do protect the employee's job for 12 months and requires temployer offer the cobra option for maintaining health insurance.

I think 1171 meant to say 12 weeks, not months.

When I was off on fmla, I only had to pay my share and the company picked up the rest. Comp denied my claim last Oct, Ive been off on personal leave Since January... Company still paying their portion of my insurance.
Quote this message in a reply
06-08-2007, 07:05 PM
Post: #9
RE: termination while on WC!?!
yes  12 weeks
thankx princess for catching the error. sometimes flying fingers mis-speak.
Find all posts by this user
Quote this message in a reply
06-09-2007, 04:59 PM
Post: #10
RE: termination while on WC!?!
hi
thanks everyone
i live in chicagoland in a north suburb
i can't believe that this has been done-i have had nothing from my employer
i have not worked since april '06 when this all started
benefits were stopped in december after the ime report-i have been off with fibromyalgia/chronic fatigue triggered by a chemical exposure at my work-ime said i had sleep apnea and was depressed. I had a sleep study-no sleep apnea!, and my doctor, and another, say that i am not depressed...this all takes so long-it took 3 months to get the ime report
i'm not receiving any benefits-and now my husband after being in hospital is going to be on STD for at least 8 weeks-
we are under severe financial stress
waiting on my doctor to write a letter so that the lawyer can get this to WC and try to get the benefits restarted...
time goes on and on, and we accumulate more and mre debt, and my husband gets more stressed......
thanks




Bad Boy Bad Boy Wrote:I don't see anything done illegal as from what you stated.

Also were you working? After the injury?

I'm in Illinois, also, tell what part or town your in. I will try very hard to help you. Your Work Comp Attorney mostly won't handle Employment issue. Does your Attorney have a web site, if so post it here.
Find all posts by this user
Quote this message in a reply
Post Reply 


Possibly Related Threads...
Thread: Author Replies: Views: Last Post
  Application for Adjudication of Claim & Termination of Lawyer ktn5519 3 2,092 08-10-2011 07:58 PM
Last Post: 1171
  Health Insurance & Termination ? pjm333 1 1,775 05-24-2010 01:58 AM
Last Post: 1171
  Question regarding employee termination while on compensation lawman17 7 7,358 11-18-2009 03:01 PM
Last Post: Still in Limbo
Shy Termination Advise Jazzup 4 2,705 11-05-2009 06:01 PM
Last Post: capricorn
Question Termination of employment while receiving workers compensation in California cportero 1 8,676 10-02-2009 12:40 AM
Last Post: 1171
  termination pappabear 6 3,534 04-04-2009 09:30 PM
Last Post: Manley2
  Hearing for termination of benefits feelinscrewed 8 2,840 02-13-2009 12:07 PM
Last Post: Still in Limbo
  Termination lawful or not kozara 9 2,989 09-07-2008 07:00 AM
Last Post: JerryC
  medical leave ----involuntary termination jstadfrntpn 2 3,123 07-14-2008 04:09 PM
Last Post: jstadfrntpn
  Termination of Temporary Income Benefits ec1965 5 3,760 03-12-2008 08:03 PM
Last Post: AQA

Forum Jump:


User(s) browsing this thread: 1 Guest(s)
WorkersCompensation.com Attorney Locator Service. Get a free consultation today!