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  1. #1
    Join Date
    May 2007
    Location
    Fairbanks, Alaska
    Posts
    1

    Question Loss of Benefits

    My Employer notified me today they are no longer going to pay their share of my health insurance, is there anything I can do about this? I have been on workmans comp since Dec. 2004, But I have been working for my employer full time since the case was opened. In April 2007 my employer asked me to file for wage benefits from the Ins. Co. and they wanted me to stay home and get better. Since that time I have received no payments from either my employer nor the Ins. Co. They keep informing me they are waiting for paperwork, even though the Dr. and all parties have sent the requested paperwork. The biggest question I have is whether they can cancel my health ins.

  2. #2
    Join Date
    Mar 2007
    Posts
    42

    Default Re: Loss of Benefits

    Iam not sure what state your are in but in indiana yes they can cancel your health ins. they do have to offer you the cobra act but it cost a great deal more then most can afford sorry about being the bearer of bad news

  3. #3
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: Loss of Benefits

    You are protected for only 12 weeks by FMLA so once you have stopped paying your share they are free to cancel.
    Here is more information on FMLA laws
    http://www.dol.gov/esa/whd/fmla/

    Here's some information about alaska comp benefits. you can ask the work comp court to speed up the decision.
    http://labor.state.ak.us/wc/wc-brochure.pdf

  4. #4
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: Loss of Benefits

    NDE 1, Accordiing to your post you have worked there longer than 1 year. Federal law requires that you be offered a 12 FMLA if you have a serious medical condition and if you and your employer meets certain criteria. Do they employ 50 or more people in a 75 mile radius of your work location? Did you work at least 1250 hours in the year prior to your need for taking leave? If you answered yes to these questions then you are eligible for FMLA equal to 12 weeks either continiously or intermitently. During this twelve weeks your employer must continue to offer you all benefits at the scheuled rate as when you were employed. Specifically health insurance benefits can not be COBRAed, and must remain as is throughout the 12 week period. Also protects your job for the 12 weeks. When you are released to return to work, provided it is within the 12 week FMLA rule, they must offer you your previous position or one equal in status and pay. This is federal law and every state is required to meet or exceed this statue.

    So what state are you in anyway? There may be additional protection depending upon your location. Also depending on your location W/C is required to have a check in your hand in a certain amount of time from filing for benefits. But rather than to guess at what state rules you fall under I will wait for your response as to what state'(s) you live/work in.

    Remember regardless of which or the 50 states you live/work in FMLA applies provided you and the employer meet the criteria.

  5. #5
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: Loss of Benefits

    Okay .SH jinx. We were typing out our replies at about the same time . It appears to me that Nde has only been off work for no more than 8-9 as she/he continued to work up until April 2007. He/she did not give the exact date only April 2007. FMLA would still apply at this time provided of course that all the criteria is met.

    Steel
    Last edited by SteelMagnolia; 05-23-2007 at 10:29 AM.

  6. #6
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: Loss of Benefits

    Okay so color me duhhhhhhh! Nde posted under Alaska and therefore Alaska WC rules should apply.

    Here is the WC site for your state Nde.

    http://labor.state.ak.us/wc/home.htm


    http://labor.state.ak.us/wc/wc-brochure.pdf

    It appears to me that they are required to have a check in your hand within 14 days of filing the claim. They will owe you penalities of 25% if not paid within 7 days of when it is due. This is all true unless your employer chooses to controvert, deny benefits, or that the IC can prove that the check was late due to circumstances beyond their control.

    Steel
    Last edited by SteelMagnolia; 05-23-2007 at 10:37 AM.

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