I am currently receiving workmen comp benefits from my employer here in California. I have not worked since Sept 23, 2004, I just received a packet offering me Cobra from my medical insurance that I had through the employer. The insurance stated I had been terminated, which is not true. What are my rights? Does the employer still have to pay my health benefits because I am still employed by them? I have always had to pay a portion of them which is understandable but can I be kicked off of my insurance plan? They are still paying for the injury insurance but I want to know if they can kick me off of the employee benefits?

Are you sure that you were not terminated? You can be out on a workers compensation claim and still be terminated as long as this is consistent with the company's practice with other employees who are on on leave for the same amount of time. (Of course, if you are out on an FMLA leave, your job is protected for the prescribed amount of time.)