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I am new to the site and was looking for any help. I am in California. Is the employer allowed to terminate medical if your still employed but are still on worker's comp? I was at work when someone was murdered in front of me. Later died. I have been injured since 3/07. what do you do for employment issues not realated to worker's comp? I have been harrass by them since being on worker's comp! Do anyone have a similar problem?
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04-29-2008, 01:11 PM
(This post was last modified: 04-29-2008, 01:13 PM by WCisBS.)
workers comp benefits do NOT include heath insurance payments.
if the employment is covered under FMLA it'll give a worker 12 weeks of job protection and a COBRA option to purchase health insurance.
http://www.dol.gov/esa/whd/fmla/
workers comp has non-discrimination provisions if you believe you are being singled out because you filed a comp claim.
Non-work comp employment issues can be handled by a labor law atty.
For general information on labor laws:
http://www.dir.ca.gov/DLSE/dlse.html
P.S.
your poll is confusing as neither answer is correct.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
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Thanks for the info I will check out the website. I am neww to the poll this is my first time. I didn't want to put anything. Sorry about the confusion.....
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look for a employment lawyer.look at lawyers.com and see what you can find.there is alot of good stuff there and they have ask a lawyer place you can go for advice.
Each day is not a rite,it's a given.
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Sorry I could not vote. I did not understand either of the answers as every state is different and not sure exactly what it was being asked.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
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You need to explain "still employed." Are you currently working or are you off work from your injury and yet still employed?
If you are still working then your benefits such as medical should remain the same. If you are off work and have not already you need to request FMLA and as 1171 said that gives you 12 weeks of protection and continued medical coverage. It may also be that your employer notified you and has already run the FMLA concurrently with your WC time and your 12 weeks is up.
You say you have been harassed, in what way and by whom? Are your coworkers doing it? Is it a supervisor? Too many unanswered questions here.
Without all the details it is impossible to give a more complete answer.
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04-30-2008, 07:27 AM
(This post was last modified: 04-30-2008, 07:28 AM by halftrak.)
My employer's handbook states they will pay an IW 's health insurance for a period of 3 years as long as the claim is accepted and not denied. It is up to the employer. The only thing that protects your benefits other than company policy is FMLA> I hope this helps.
CAP
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That is ok about the post. Just new to the site and was confused. LOL. I want to know can an employer file your FMLA without you knowing it or request it. I have been on WC since 3/07 for Post Traumatic Stress Disorder. Was sent back to work 11/15/07 to see if I can do the job and was sent home because the HR had a different date to return from WC. And then I have been off by my doctor since then and someone was hired before my doctoer return from vacation. Bummer.Waiting a disposition 6/08. what to expect?
Thanks
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pebbles MY THINKING is you need to go see a employment lawyer.YOU ask to take fmla not get pushed to take it or forced.go see a employment lawyer..........
Each day is not a rite,it's a given.
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Yes your employer can put you on FMLA without your signature.
CAP