Results 1 to 7 of 7
  1. #1
    Join Date
    May 2010
    Posts
    19

    Red face Disability, Leaving Job

    My workers compensation claim was made in the State of: NJ

    I was just approved for disability. I have been receiving med insurance through my recent employer for the last year since my accident tho I have not worked. Now, I need to inform them and of course will be cut off of insurance. I know they want me to quit. I was hoping I could get laid off or fired so if Obama were to reinstate the reduced COBRA I could qualify. Does anyone know if I can refuse to quit and then if they can lay me off or fire me? (My lawyer said he does not know!) Thanks!

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Disability, Leaving Job

    after being a "no show" at work you wlil be determined to have abandon the job.
    you would not be eligible of unemployment.
    i don't know for sure but unlikely for cobra.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Disability, Leaving Job

    The stimulus pkg for COBRA reduction has not been extended. And, not likely to see that happen with the new Congress either. Blame that on the Republican/TeaParty too.
    Whether you are laid off, or terminated wouldn't matter. The fact you are offered COBRA and qulaify would be enough to participate in the pkg.

    Curious how you have continued to be provided coverage under the ER GHP/Group Health Plan too...the carrier writing that plan usually requires that only full time EE participate. Full time being defined as 32+ hours/week. While you are on a comp leave, you aren't working those qualifying hours.

    The ER's are not required to provide any job protection past 12 weeks/annum under FMLA if you are eligilble.
    I was just approved for disability.
    Now, I need to inform them and of course will be cut off of insurance.
    Why?
    That you are approved/are receiving SSDI is not your ER business... but is the WC carrier. (unless your ER is self insured).
    IF your ER continues to provide participation in the GHP, that would benefit you/family, as you won't be Medicare eligible for 24 months post DOE/Date Of Eligibility. It's difficult to find GHP during that gap. You are "disabled". IC's don't like providing those coverages.

  4. #4
    Join Date
    May 2010
    Posts
    19

    Default Re: Disability, Leaving Job

    Yes, I was lucky to receive coverage all this time. I'm confused about some of your statements. Noone has informed my job that I am on disability. Re. workmans comp, I am going to have an emg of my legs tomorrow and hope to get resolution on continuing temp or getting perm workmans comp. I feel obligated to call my work to tell them I got disability, no?

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Disability, Leaving Job

    You filed a injury claim with your ER?
    If your Dr has taken you off work, you should be receiving wage replacement/TTD benefits.

    I feel obligated to call my work to tell them I got disability, no?
    What benefts have you been receiving that replace your wages ?
    Noone has informed my job that I am on disability.
    Your ER isn't involved with your SSA/SSDI benefits...only that the amount you receive in WC TTD would be reported to SSA as there may be an offset.
    The WC carrier would have to know because when the claim resolves, that includes payment for medical care, you have to protect Medicare interests.
    Your ER has no business in the source of your income.

    A WC claim, and SSA/SSDI are completely seperate systems/benefits and qualifiers.

  6. #6
    Join Date
    May 2010
    Posts
    19

    Default Re: Disability, Leaving Job

    I received workmans comp benefits from Oct 09-Apr 10, then the ortho dismissed me, but not MMI. I went to a neuro on my own who thinks I have neuropathy, he ordered an EMG in June. It took til now to get that approved by comp. Hopefully, I will get back comp since Apr 09.
    Sorry to keep asking, you're saying do not call my job to tell them about disability?

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Disability, Leaving Job

    I'm asking why you think it's necessary to notify your ER of your SSDI status...?
    You didn't answer though, is your ER self insured?
    Do you have an atty handling the comp claim?

Similar Threads

  1. Leaving the State
    By spock in forum California
    Replies: 5
    Last Post: 10-20-2009, 10:27 AM
  2. Workman's Comp Coverage After Leaving Job
    By writerjames in forum Employment
    Replies: 1
    Last Post: 09-24-2009, 11:42 AM
  3. Replies: 9
    Last Post: 09-09-2009, 10:46 AM
  4. Workers Comp Payment After Leaving Job
    By mla187 in forum Pennsylvania
    Replies: 2
    Last Post: 01-07-2008, 05:52 AM
  5. Leaving The State While On Comp
    By timm90 in forum New York
    Replies: 1
    Last Post: 03-03-2006, 12:38 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer