Titusville, PA asked in Health Care Law, Employment Law and Workers' Compensation for Pennsylvania

Q: Can my employer stop my health insurance after 6 months of w/c? I have to pay back my part of the premium once return

2 Lawyer Answers
Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

A: Workers' compensation does not provide any form of additional job security. If you have a union or a contract, that can provide additional protection. You may also obtain some job protection for 12 weeks under the FMLA. To answer your specific question, barring a contract to the contrary or entitlement to FMLA protection your employer may stop your health insurance benefits immediately after you stop working, and even if FMLA applies, it would only protect you for 12 weeks, so they could certainly stop your health insurance after 6 months.

Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Unfortunately, barring some union agreement they can if they wish. However they have to give you a right to "buy in" under COBRA. If it's terminated, you may be eligible for medical assistance under the expanded Medical Assistance program Gov. Wolfe got passed. Time to start looking at your options. Think it stinks?Write your state reps and senators.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.