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+--- Forum: Injured Worker Forum (/forumdisplay.php?fid=4)
+--- Thread: loss of health benefits or job while on WC? (/showthread.php?tid=11594)
loss of health benefits or job while on WC? - whirlybirddude - 01-03-2011 07:32 PM
Hello all. This is my first time here, and i have a question. I was wondering if an employer can terminate health benefits, or terminate an employee while that employee is on workmans comp disability. I have received no notice of either happening, but did get a letter in the mail explaining how to continue health insurance through COBRA. There was a reference to involountary termination effective dec 31st. I live in Georgia, the accident happened in West Virginia, and the company that employs me is in Oregon. Please let me know where i can find the answer to my question. So far, i have turned up nothing on the internet. I am a hard worker, and a good employee. I'm not some freeloading bottom feeder looking to scam the system.Thanks for the help
RE: loss of health benefits or job while on WC? - 1171 - 01-03-2011 07:45 PM
workers comp does not include health benefits.
if your employment is covered by the Family & Medical Leave Act they are required to offer you COBRA to continue health coverage.
having a workers comp claim does not give worker immunity from termination.
FMLA prevents employers for terminating workers who have been off work for 12 or more weeks.
workers comp coverage is controlled by your residence or the state where the injury occurred.
more on FMLA here
http://www.dol.gov/whd/fmla/index.htm