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.

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Geez, I wouldn't think he could do this. MarilynK would be a good one to know how to handle this, I think she works in the workers comp field.

If you have a lawyer to contact, I would certainly make a call and find out what to do.

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Switch to your employers insurance - even if it is not open enrollment - this would be a life event that makes your benefits open for enrollment.

I do believe if he works for a very small company they may be able to do this- it falls under the cobra benefit.
Good Luck - it is always best to get an attorney

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.

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Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

My oldest DD recently changed jobs, but she used to work for an attorney that only handles workmens comp and criminal cases. The fact that he has already had one surgery and has been off work for so long, leads me to believe you would be in for a large settlement after his recovery. If you do not have an attorney you could be screwed big time by the insurance company througn workmens comp on yur own without an attorney. Of course an attorney will cost you nothing up front but they will take a big chunk of your final settlement. But I will guarantee that your settlement will be alot higher going througn attorney than what you can get on your own unless you know the business. I would accept no type of settlement without going through an attorney, even though it may sound like alot to you, they can get you alot more.

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I don't know about being screwed, but most insurance companies are not going to volunteer information about benefits and/or settlement value. Thankfully, I work for an exceptional company, plus our client was their injured associates taken care of! But, not all insurance companies are created equal!

The typical for attorneys here is 20% of whatever settlement and/or benefit they get for the claimant (injured worker). However, if the matter requires going to court, then that can rise to 30-35%. In my state attorney fees are governed and controlled through the Dept. of Labor.

I have seen settlements of upwards of $250 thousand, plus ongoing medical benefits, for a back claim. Typically, a back is worth about $50K (on the bare minimum). If the claim has been accepted as occurring within the course and scope of employment then you have already crossed one of the biggest hurdles. If the insurance company has placed the claim under reservation of rights or questionable and are just paying until final determination is made, you have a bigger hurdle.

Couple of words of advice: 1) if your husband smokes--he needs to quit NOW. Some states allow the insurance company to suspend benefits if an injured worker is not in medical compliance. Smoking has been proven to be adverse in back injuries and slows healing considerably. 2) If he has restrictions--those restrictions apply not only to his ability to work, but all aspects of his life. Be advised that if an insurance company suspects that he's not following those restriction they will assign a PI to obtain video surveillance. 3) GET AN ATTORNEY!

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Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

Thanks everyone. I am going to contact a lawyer on Monday.

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Also like marilynk said be VERY careful of any activity his does outside the home or even in the home. They can video tape him at any time. Open the garage door? How can he be disabled? Sell items at a yard sale? He looks good to me! He has to be very careful to follow ALL doctors orders and restrictions including smoking and weight control. The day and age of the insurance/workman's/government handing out big pay outs for subjective complaints are over. yes, there are people who have been on the dole for decades, but it is hard to start a case now.

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Lyn Clarke

sounds like dealt a little with work comp or disability in general!

Now a days the subjective complaints have to be substantiated by OBJECTIVE medical findings. And "pain" is not a diagnosis--it's a symptom.

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Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

Yup, I am an old Hospice Nurse of more years than I care to remember!

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Lyn Clarke