QUESTION

Do I have to pay my helth and dental insurance premiums even if I was off work due to a WC injury?

Asked on Sep 14th, 2013 on Workers Compensation - California
More details to this question:
I am in California, off work for 6 months due to an injury at work, the company recently changed personal insurance plans and they told me to join I had to pay my own premiums but I have to pay the other 5 months that I have not work. They are not charging me for the WC doctor, the personal insurance they provide at work...Is this legal?
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1 ANSWER

Social Security Disability Attorney serving Modesto, CA at Rockwell, Kelly & Duarte LLP
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Unfortunately, an employer is not required to continue paying for your health insurance benefit, assuming it is a plan covered by ERISA. The employer can require you to pay for the insurance premium costs if you are not working, even if the reason you are not working is because of a work injury. Such a practice is not discriminatory, and thus is not illegal. The employer or its insurance carrier must pay for your workers' compensation physician, your medicines for the injury, physical therapy costs, and mileage to and from the doctor, the physical therapist, and even the pharmacy. Currently, the rate is 56 cents per mile, so it is probably important that you begin submitting your mileage claim to the carrier if you have not already done so.
Answered on Sep 17th, 2013 at 4:18 PM

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