Should I hire a lawyer?

[Servicetech]

1: I was in a wreck 12/27/07 while in a company vehicle. I was deemed at fault.
2: Went to hospital by ambulance, treated for head trauma and pelvic injury
3: Released from hospital, all medical bills paid by WC.
4: I am receiving TTD from the insurance company
5: Therapy is being paid by WC

Here's where the problem lies: While in the hospital they did a cat scan discovering a suspicious lump on my neck. Since it's not covered by WC I went to a regular doctor. Found out I have thyroid cancer. Had surgery for removal on 3/24/08, awaiting radiation treatment to kill remaining cancer.

I got notice from my employer that my FMLA was up and my regular health insurance will be canceled as of 3/31/08. I don't know what to do about the bills that will be incurred to finish treatment. I'm supposed to receive Cobra info, but haven't as of yet.

[vickinat]

Please update your profile with your state, each state has differant rules, laws and statues, more info will be available if we know your state.

As far as FMLA, yes it is only for 12 weeks, but I understood that the Cobra election was supposed to be given to the employee prior to the end of that time frame, so that there is no lack of health coverage. I would ask your HR person about it.

Good Luck
Vickie

[1171]

I think you need the insurance; I'd take the cobra option.

[fairycatz]

Hello! So sorry for your troubles, but your accident was a bit of a good thing as they caught your cancer! Hope that all goes well for you!

You should at least get a consultation with an attorney. They would know what is proper for your state and circumstance.

Your employer should have gotten COBRA paperwork to you BEFORE 3/31. It is retro, but they should have informed you before hand. Also, and here is the big issue, COBRA is EXPENSIVE! I paid over $300 a month to keep my insurance when I changed jobs 3 years ago. Boyfriend just took new job, his coverage would be $512 a month for single if he had taken the COBRA for the 90 days before new insurance starts. Who the heck can afford that when you're getting 2/3 of your pay on WC?

They or the insurance company needs to send you a paper listing that you had coverage for future, not really sure how it works, but it has something to do with pre-existing stuff. You might/will have hard time in future getting new coverage since you have had cancer.

Don't know what state you are in. Do they have any type of medical coverage or does your hospital offer free care? You may want to look into some type of state/gov. assistance program.

Don't know if I have been of any help, probably just caused you more worry. Best of luck to you. Hope everything goes well. Maura in CT

[AQA]

I fail to see the rationial for obtaining an attorney. Workers' compensation is state specific. As far as personal health insurance that you had prior to your injury, Your employer is not required to provide that benifit.

[ace25]

I agree. The issue does not sound like a workers' comp issue. He states that bills are being paid and treatment is being provided. Why does he need to consult an attorney? That could throw a wrench in where there is no problem, and might have to give up a portion of his benefits.

The issue is that his employer needs to get him COBRA info ASAP. Fairycatz is right about it being expensive, but the cost will pale in comparison to the medical bills you may face for the cancer treatment.

[Servicetech]

Thanks for all the replies so far I forgot to mention I'm in Oklahoma.

Good enough. I just wanted to see if I was getting stung on the health insurance issue. The full amount of he insurance for my wife and I is $447.26, My employer was paying $215.07 and I was paying the difference. I suspect my Cobra will be the $447.26 plus the 2% admin fee. It will be tough on $577/wk (Oklahoma limit) but it looks like I have no other choice. I've applied for state insurance but it could be 90days until the application is approved and I can't really put the cancer treatment "on hold". I asked the doctor how long I could live without a thyroid and he said about 2-3 months. From what I gather when I return to work I'll have to stay on Cobra until open enrollment in Jan 2009 (unless I can get state insurance) since there is no "qualifying event" to get me back on the company insurance, does this sound right?

The workers comp people have been very fair so far IMHO. My employer wants me back to work as soon as the doctor will release me, even if it's only light duty. Am I entitled to anything other than my medical care and TTD payments? Is there typically a settlement by the insurance company at the end of TTD if I go back to work on light duty? Is there only a settlement if there was wrongdoing by the employer? How does all this normally work?

[ace25]

If you recover and can return to your old job, then there will be no settlement. If one comes into play it will be related to any permanent condition and restrictions related from your injury. Workers comp is a no fault system, so even if, as you say, it was your fault, that will not factor. On the flipside, if you were hurt due to no fault of your own, the employer is exempt from liability for pain and suffering.