Asked 6/10/2011
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It's about workmans comp and fmla On 2/2/2010 I was injured at work i fell and got a bad concussion. It's now a year later and it has taken longer than usual because i had other problems related to my head injury(balance problems, no center of gravity. Now my regular insurance for my husband and I have run out; because my employer only pays in hours for a year. So I'm applying for FMLA so I can have ins. until I'm cleared to go back to work. Hopefully sooner than later. I really need this for my husband is on many meds and drs visits and we can not afford the insurance without. I know you have to have 1200 hours for the previous year; but with a head injury they could not put a recovery time on it. What to do? The disability person said I may not quailfy for this; |
Answer 1/2 - Submitted 6/10/2011
FMLA does not guarentee you insurance coverage if you have been gone from the job for a year. FMLA is designed to protect your job for a period of 12 weeks. It guarentees that you will have a job to come back to when the emergency or illness is over. It does not guarentee that you will have the same job just a job that is similar. In order to protect yourself you needed to have short and long term disability which would provide you income to pay bills. You should be eligible for cobra insurance the biggest issue is that it is expensive and with no income coming in it can be difficulat to pay for. You might want to see if you qualify for social security or for medicaid through your state for medical. There are options out there for you to get your husband covered as far as medicine and docotor visits. You can also appeal the workman's comp ending (if it is) since your husband is not better. There are limits on everything including how long a company has to provide insurance for you when you become disabled or sick. If your husband was diabled on the job I would personally speak with an attorney. I know of people who drew disability checks from some of my past employers for their entire life. I normally don't recommend the attorney avenue but in this instance it might be the best solution for you. At least you will know what your rights are.
Answer 2/2 - Submitted 7/4/2011
Workers comp should pay for all the medical that is related to your accident. they are good about not telling you everything you need to know. get a lawyer to get more help in doing the calling for you and you will get more done. i was hurt too on the job and i found out that your still an employee till you quite or get layed off . if you haven't they still have to offer you all the benifits you were paying for at the same prices you were paying. they do not tell you this so you will get your own and they save money and it shows that you are going to quite or find a new job.a good workers comp lawyer will really help you right now.
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