QUESTION
Husband's employer withholding workers comp info
Asked on May 05th, 2016 on Labor and Employment - Pennsylvania
More details to this question:
My husband was working for a construction company. He hurt his back at work. He asked the foreman and the owner of the company for the list of approved doctors that he could visit. They told him he would have to use his own insurance. Later in the week, after he had been to the doctor, the office assistant gave him the list of doctors that he should have received and told him that he didn't think it was fair that they were withholding information from my husband. My husband quit soon after to go to another job. We just received a letter from the insurance company that he had at the construction company, and they cancelled his insurance on 4/1. His last day was 4/12. The owner still took all the insurance out of his April paychecks even though he didn't have full coverage for April. Would we be able to take the owner to court for fraud or withholding medical information? I would like him to think twice before he does the same thing to someone else.
1 ANSWER
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I'm sorry to hear about all of this -- I know it's traumatic. On the workers comp matter, you should contact the workers comp company directly to ensure that a claim has actually been opened and that it is being processed. You may not have to use the company doctors. It sounds like the company did not follow the rules that would require you to do so. You may be able to use your own doctor and bill the comp company.
As for the health insurance, the employer may or may not have done something wrong. It depends on whether the insurance is pad in advance or after the fact. The premium for the April coverage may have been paid at the beginning of the month and the deductions from your pay are to cover that prior payment. BUT you should have received a notice of your right to continue the health insuranc coverage under Federal or PA COBRA law. You should contact the employer and ask for specifics of coverage continuation.
Answered on May 06th, 2016 at 5:23 AM