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On workmans comp and health ins cancelled
11-09-2009, 11:50 AM (This post was last modified: 11-09-2009 12:19 PM by Pam for father.)
Post: #1
On workmans comp and health ins cancelled
My father got hurt at work and has been on workman's comp for 3 months. My mother went to the doctor and they gave her a prescription and my father went to pick it up. He then found out that his work had canceled his insurance without informing him or offering him the cobra insurance. He called his work and they told him that he had been off to long so they canceled it and then offered him the cobra that will cost him $1000.00 a month.

My question is are they allowed to do this? Can they cancel his insurance while he is on workman's comp? Can they cancel his insurance without notifying him?

Also we live in Illinois.

Thanks for any help that's offered.

Pam
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11-09-2009, 11:56 AM
Post: #2
RE: On workmans comp and health ins cancelled
I don't know if it's illegal to cancel the inusranc ewithout notifying but I will say it's pretty low. Has your Dad applied for FMLA? It will protect his job and benefits for 12 weeks if he has worked there for at least 12 months. That being said COBRA is very expensive. Unless it is the employer's policy to pay the premiums for an injured worker through recovery the employer does not legally have to do anything. They can cancel his health insurance and terminate him. Sorry.

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.
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11-09-2009, 12:34 PM
Post: #3
RE: On workmans comp and health ins cancelled
If he hasn't been paying his premiums they are not required under FMLA law to carry the coverage beyond 12 weeks.
I don't believe failure to notify the worker requires the withdrawal of the cancellation.
the FMLA laws are here
http://www.dol.gov/esa/whd/fmla/
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