Legal Question in Workers Comp in North Carolina

Injury At Work, On Wokmans Comp, Company CNX Insurance

I was injured on a highway construction site about 6 weeks ago. Workmans comp came into play and has been going smoothly. However my question at this time is the company I am employed by has canceled my Family's Medical and dental insurance. When I noticed this was done they said ''OH we sent you cobra forms for you to keep up payment'' At that time they had not. But I did receive them after 5 days of speaking with them. My question is, Is this legal for them to take away our health care when it is because of an on the job injury that I am out of work in the first place? Thank you.


Asked on 11/30/04, 4:50 pm

2 Answers from Attorneys
George Lennon Lennon, Camak & Bertics, PLLC

Re: Injury At Work, On Wokmans Comp, Company CNX Insurance

Being out on Workers' Comp is like a leave of absence. The employer is not required by the STATE Workers' Comp law to maintain benefits in your absence. HOWEVER, the Family and Medical Leave Act, a federal law, may help by requiring medical coverage. I do not practice in the benefits area, but suggest you advise the employer in writing that you want to apply for leave under that act. If you have continued problems, call the office of one of our Senators to ask for help from the responsible FEDERAL agency.

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Answered on 12/01/04, 6:37 pm
Stephen Camak Lennon, Camak & Bertics, PLLC

Re: Injury At Work, On Wokmans Comp, Company CNX Insurance

I would suggest you speak with an employment law specialist. I would also call the Equal Employment Opportunities Commission (EEOC) to see if COBRA, FMLA or other rights have been violated. We concentrate in workers' compensation and social security disability law. Call us or check our web address at nc.disability for links. Good luck!

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Answered on 1/17/05, 4:07 pm


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