We have a client who has someone out on Worker's Comp. After how many months of not working should they take him off of their Medical Insurance? Or does he get to stay on because of the injury and since technically he's still an employee there?
1 Answer from Attorneys
Since you can not discriminate against an employee because of an industrial injury, they should be entitled to all employment benefits until at least their temporary disability runs out and it is shown that they can not return to their former work or a lighter duty job available in the company.