Legal Question in Workers Comp in Maryland
Insurance Canceled
My husband has been on workers compensation since 11/19/02 for carpal tunnel syndrome and scar tissue problems. We just recieved a letter from his employer that his health insurance is begining cancelled as of 11/19/03, becuase he has been out of work for 1 year. It also explains we must now pickup COBRA. I'm confused I thought COBRA was for when you were no longer employed? Can they do this? Is he not protected under the workers comp laws?
1 Answer from Attorneys
Re: Insurance Canceled
Worker's comp has nothing to do with health insurance. You didn't indicate in your question whether your husband's benefits are being paid as temporary or permanent disability. Also, did your husband receive a termination notice? It's legal for an employer to terminate an injured worker as long as it's being done for business purposes--i.e., because the employer needs to replace the out-of-work employee. Of course, if he was terminated in retaliation for filing a worker's comp claim, that would be illegal. Larger employers generally are able to keep an employee in an inactive status while they recover from work-related injuries. I suggest you check with the company to find out what his status is.
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