Can an employer terminate my medical insurance while I am on comp?
Yes.
In most states, employers can change or terminate an employee's medical insurance coverage while the employee is out of work on workers' compensation.
However, there are a few exceptions to this rule. For example, in some states, employers are required to provide medical insurance coverage to employees who are out of work on workers' compensation for more than a certain period of time, such as 90 days. Additionally, some states have laws that prohibit employers from terminating an employee's health insurance coverage if it would prevent the employee or the employee's dependents from receiving necessary medical care.
Here are some specific examples:
- In California, employers must continue to provide health insurance coverage to employees who are out of work on workers' compensation for up to one year.
- In New Jersey, employers must provide health insurance coverage to employees who are out of work on workers' compensation for more than 180 days.
- In New York, employers cannot terminate an employee's health insurance coverage if the employee is out of work on workers' compensation and is eligible for medical benefits under the New York State Workers' Compensation Law.
- In addition, the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) may also provide limited health insurance coverage to employees who are out of work on workers' compensation.
If you are concerned about your employer terminating your medical insurance coverage, you should speak to an attorney in your state.
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