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Originally Posted by ErikNVicky  My husband was injured at work and has been off work since September 4th. He is receiving workers compensation. Now his Boss has informed us that he cannot afford to keep paying our health insurance since Erik is NOT working thus not bringing in any money for him. The boss had been paying MOST of our health insurance for a couple of years now. We paid $100.00 a month and the boss paid $700.00. He had given that benefit in lieu of a raise one year. Now he says we have to either pay the $700.00 or of course cancel our Health insurance. 
Erik cannot return to work yet and it is unknown if and when he will. He injured his back and May have to have nerve surgery. His Job is construction and requires a lot of lifting.
Can the boss do that? Should we get a Lawyer to get advice?
Thanks for any information you can give us. |
GET A LAWYER!
A lot depends on your state laws. I do not believe that the boss can legally do this while he is off of work as a result of a work related injury--but again, it does depend on the state statutes. It may be that if the insurance premium is taken out of his paycheck, and he's not getting a check from the employer, the employer is not required to pay out of pocket. If however they pay it out of pocket anyway....I HIGHLY recommend findings an attorney who specializes in work comp and employment law.
If he has to have surgery, and is subject to permanent work restrictions, then he may be eligible for vocational rehab (re-training). You will want an attorney to navigate those waters...seriously, I'd recommend an attorney. I have to assume that you're DH is nowhere near retirement age, and this injury may preclude him from returning to work in his chosed profession....A lot of insurance companies will yank you around when it comes to benefits for voc. rehab, lost wages and future medical expenses.