Kentucky Worker's Compensation - Help For Injured Kentucky Workers

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  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Angry Hurt on Job Now Paying COBRA Insurance

    I fell at work 19' since then my employer says I have to pay for COBRA insurance.Is this just a bad employer or is this the norm.I have to write a $850.00 check to my employer monthly.I have never received anything from my health insurance co. saying anything about cobra.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Hurt on Job Now Paying COBRA Insurance

    no cobra is an option that is required to be offered to you while you are covered by the Family & Medical Leave Act.
    http://www.dol.gov/esa/whd/fmla/

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Hurt on Job Now Paying COBRA Insurance

    IF you are elgible for FMAL benefits, your job is protected for up to 12 weeks per annum, and your ER must continue to pay your benefits package, including the health coverage, and/or COBRA premiumes. Whichever apply.

    If you are not eligible for FMLA... you pay COBRA.
    FMLA can run concurrently with WC leave, but not until you are notified in writing of your eligiblity for the benefits under FMAL Act.

    You can read about those issues here...http://www.claimline.com/articles/lpa6.html

  4. #4
    Join Date
    Sep 2008
    Posts
    32

    Default Re: Hurt on Job Now Paying COBRA Insurance

    hvacfall,

    The HR director at my job told me if I chose to take FMLA instead of using sick days to supplement my TTD then I will be required to pay the full premium. Meaning my insurance will stay intact but the ER will no longer pay a portion of the premium while I am under FMLA. I questioned this with my lawyer who comfirmed the practice is perfectly legal.

    So the answer to your question is: you are probably not on COBRA, just being required to pay the full premium of health insurance rather than the portion you are accustom to.

  5. #5
    Join Date
    May 2009
    Posts
    2

    Default Re: Hurt on Job Now Paying COBRA Insurance

    No. For 12 weeks, if you CHOOSE to apply FMLA (or the employer choses to force you to) your health coverage will continue as before and you will not be offered COBRA. So you can avoid a higher health premium for 12 weeks by notifying your employer that your leave for Work Comp is to be FMLA leave. Only when your group coverage eligibility terminates must your employer offer you COBRA coverage at 102% of his premium.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Hurt on Job Now Paying COBRA Insurance

    Gandy is correct.

    The problem with the overlaps in health coverage is most IC's require an EE to work a minimum number of hours, usually 32/wk, to be considered full time, and part time EEs usually are not provided ER benefits.

    Once you are no longer a "full time'' EE... the IC will drop your ER provided health coverage... FMLA provides a remedy to the EE/IW for that not to happen. When you are eligible for FMLA... all of your benefits continue intact.
    So if the IC drops the health coverage and charges the ER the ''cobra'' rate..the ER pays the premium. It's all internal to the ER and the IC they purchase the EE benefits package from.

    Once the FMLA runs out...the EE/IW is then liable for COBRA continuation premiums. There may be assistance under the Obama stimulus package in paying for the COBRA coverage. As FMLA is good for up to 12 weeks/annum, depending on your employment anniversary, you could conceivably be covered for 24 weeks in one calendar year.

    COBRA coverage at 102% of his premium.
    That is why FEW employees are in a state of shock when they see the COBRA primiums... 2% isn't that much over the ER's cost/premium... but when you realize the value of ER provided benefits... you realize the importance to your wallet your job provides...beyone the wages.

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