Is it legal for my employer to cancel my medical benefits while on workers comp?

Asked about 5 years ago - San Mateo, CA

I was placed on workers comp in june 0f 2007 and shortly after my employer canceled my medical benefits, after a year or so they sent me a packet to re-enroll, I filled out the paper work and they then told me that I was no longer an active employee and couldnt do it

Attorney answers (1)

  1. Brett A. Borah

    Contributor Level 20

    Answered . Labor Code Section 132a provides that an employer may not discriminate against an employee because they got hurt on the job, filed a workers' comp. claim or got an attorney. Basically, this means they must treat you the same or better than they would other employees who did not have an industrial injury. What is the company policy for pregnancy, cancer, car accidents, etc. If it is to cut off the medical insurance like they did to you, then you are not protected under the Labor Code. If they are treating you differently, they may have violated the law. Consult with an attorney. There are several good ones in San Mateo. Check them out here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys who represent injured workers here in California.

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