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OH- Out on Workmans Comp and employer cancelling health insurance Ohio

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  • OH- Out on Workmans Comp and employer cancelling health insurance Ohio

    I sprained my ankle back in March of this year at work and I am still off awaiting surgery. Unfortunetly, I am only receiving a minimal amount of money due to having to take off quite a bit of work last year and I guess OH law sees this as being relative to this current situation. I don't. Anyways...I am unable to pay the $600 month to keep my insurance in tact, since this is all I receive per month, and now my employer is cancelling my insurance and threatening to send me to collections for the money they "paid on my behalf" to the insurance company, which I NEVER authorized them to do.

    Can they really cancel my insurance? Can they send me to collections?

    Thanks in advance for all of your help!
    Jason Hayden

  • #2
    Barring a state law that specifically says otherwise, and Ohio does not have one unless there is something specific to workers comp in your state, your employer does not have to continue to pay for your health insurance beyond the end of FMLA, which is 12 weeks. So yes, they really can cancel your insurance.

    However, at least in these circumstances, they cannot hold you responsible for payments made on your behalf unless they can show (and the burden of proof will be on them) that you were offered and elected COBRA (and even then it will be a tough call for them because they may legally cancel your coverage until you elect it and they are not required to reinstate your coverage until they have already RECEIVED your first payment). They do not have to hold your coverage any longer, but they can't require you to rreimburse them for payments they have already made.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Yes they can terminate you and cancel the insurance. You are still responsible for the employee portion of the insurance for this whole period. They just can't make you pay the full premium.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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