Losing My Health Insurance

[Ob3135]

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

High again :-)

Sorry so many post, got a lot happening here right now...

So, I work for a union employer, I am on a hour bank system. So if I have worked 5500 hours without layoff, then for sake of example, then I have 5500 hours in the bank... Thats not what I have exact but you get the point. So my benefits related to medical coverage once I'm off work is all based on that bank. So I ran out of disability a year ago, now 1.2 years in to my time off I'm losing my health coverage completely. I'm being forced on to Cobra by the employer. So, my question is this.

I got hurt at work, that’s not disputed, I have had surgeries, and just had a Major surgery again 3 weeks ago due to the injury and neuro surgeons predict 6 more months off work.

Cobra is $1100 dollars a month. There is no way I can do that.

I have a Amputation, and have had re-constructive surgeries on my arms and both shoulders, so I have health issues, plus a prosthetic to keep serviced. Also, ongoing meds that cost around 600 a month.

So I cant afford my health care, and my insurance is ending, and I feel none of this would be happening if I were not injured at work. Therefore it's the fault of this injury that my insurance is about to cost 1100 a month.

So shouldn’t work comp pay my cobra?

[.SH]

sounds good to me and probably to most workers, but...

comp benefits are set by state law. paying your health insurance is not one of the comp benefits-- so no can do.

contact your state legislators about adding it.

[Ob3135]

So is it legal for them to stop my medical coverage when I'm on medical dissabiltiy due to a work related injury?

[tony]

Ob3135

So is it legal for them to stop my medical coverage when I'm on medical dissabiltiy due to a work related injury?

Sure, they can cut you off for non-payment regardless of your circumstances.
Comp is responsible for a percentage of wage loss and medical pertaining to your work related injury, nothing more.
You should check with your union to see if there are any protections in your contract.

Also if you haven't done so already, contact an attorney and have him evaluate your case to be sure all bases are covered.
It's a good idea to retain legal counsel before problems arise if it's allowed in your state.
Some attorneys will "monitor" or sit in stand by until they are needed, see what's available in your community.

Try not to panic, take it one day at a time until the dust settles.

Tony

[tony]

DC has a statue that states if your employer paid for health insurance they must pay for health insurance while on comp. Chapter 15 in the WC statues. Not sure about Alaska you need a lawyer.

Wow, I never knew that, there is a 52 week limit though.
Wonder how many other states have this statute.

(a-1)(1) Any employer who provides health insurance coverage for an employee shall provide health insurance coverage equivalent to the existing health insurance coverage of the employee while the employee receives or is eligible to receive workers' compensation benefits under this chapter.

(2) For purposes of this subsection, the phrase "eligible to receive" means:
(A) An employee is away from work due to a job-related injury for which the employee has filed a claim for workers' compensation benefits under this chapter; or
(B) An employer has knowledge of a job-related injury of an employee who is away from work due to the job-related injury pursuant to which workers' compensation benefits may become due under § 32-1515.
(3) The provision of health insurance coverage shall not exceed 52 weeks and shall be at the same benefit level that the employee had at the time the employee received or was eligible to receive workers' compensation benefits.
http://www.workerscompensation.com/d...title=&client=

Also see:
http://www.workerscompensation.com/d...dc&Parent=8904
and
http://reduceyourworkerscomp.com/wor...#axzz1rcTDhmbk

Tony

[ADJ]

In Florida once they discontinue the insurance, the employer paid portion is then added into the aww as a fringe benefit. Not sure what other states do though. You may want to consult with an attorney on the issue.