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Medical Benefits

DebbieRamirezDebbieRamirez 1 Post
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Is it legal to cancel medical benefits for an employee who is out due to a workman's comp claim?

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  • HRforMEHRforME 497 Posts
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    Is the employee eligible for FMLA or any state version of protected medical leave?  If so, you would have to cover him/her for a minimum of 12 weeks as long as he/she continues to pay their part of any normal premium.

    What state are you in?  WC laws vary by state.  Some protect employment and benefits more than others.

    That said, if you cancel medical benefits, you will still have to offer COBRA /state continuation and there is a good chance that the WC claim will take into account the cost of that insurance and pay it at wages and it will increase your total claim...which will influence your experience modifier for years to come.  It might be less expensive to continue paying the premiums for work-related/WC medical issues.

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