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w/comp & heath insurance??? Illinois
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w/comp & heath insurance??? Illinois
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We are a small truck repair shop (3 employees). We furnish 100% of employee's health insurance. Have 1 employee out on w/comp & this is the second time in 3 months. Was off a month first time now
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Forums » Topic Forums » Legal Forum » w/comp & heath insurance??? Illinois
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w/comp & heath insurance??? Illinois
posted at 7/1/2009 10:22 AM EDT
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Posts: 7
First: 7/1/2009 Last: 6/23/2010 |
We are a small truck repair shop (3 employees). We furnish 100% of employee's health insurance. Have 1 employee out on w/comp & this is the second time in 3 months. Was off a month first time now has already exceeded that & will be at least another 3 weeks and probably more. How long do I have to continue his group health insurance?? And to replace him. There is no way he's going to be able to come back to work as a mechanic and we have no other positions. This last time he hurt his back turning a steering wheel, can't get much lighter duty than that. And as small as we are we can't afford to keep paying $100 a week for an employee we have no income off of and we can't afford to operate with just 2 mechanics indeffinatly. |
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w/comp & heath insurance??? Illinois
posted at 7/1/2009 11:13 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
If you have a worker's compensation insurance carrier, that'd be the best place for you to start looking for answers. Depending on your state, you could be in treacherous waters here.
Call your WC carrier. They have experts and it's part of what you pay them for. |
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w/comp & heath insurance??? Illinois
posted at 7/1/2009 11:21 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I agree with Nork on the termination part. Talk to your WC carrier -- they should know your state's WC laws well. It is very possible that if you can terminate, you will still owe wages through WC that will affect your claim total and your experience rating which could raise your WC premiums over the next 4 years.
On the benefits part, since you are not covered under FMLA, you can immediately move him to COBRA/state continuation if it exists. But one caveat, and often depends on the state WC laws.....it could be that the premium will fall under reimbursement from your carrier and it might have the same affect of what the wages did above. I have always been advised that it is better to keep the employee on in any capacity than terminate because there is no incentive for the employee to get better (and therefore be on WC longer and raise the total claim...and raise the experience rating and future premiums). Do you see a pattern here? |
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w/comp & heath insurance??? Illinois
posted at 7/1/2009 11:22 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Wanted to add -- some states have anti-retaliation laws that can encompass WC claims...that is, you cannot terminate the employee for claiming a legal right/benefit under the law. I don't know where Illinois stands on it, but again your broker should. |
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w/comp & heath insurance??? Illinois
posted at 7/1/2009 11:26 AM EDT
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Posts: 7
First: 7/1/2009 Last: 6/23/2010 |
Yes, we have w/c insurance. They are paying wages & medical so far. But they will not give me any answers as to what I can do. I have tried to talk to lawyers but they say they handle the employee's end of it not the employer. One told me to call my w/c carrier that they are to provide me with legal councel, tried that, they said no that they only provide legal council for the w/c part of it not the empoyment issues. |
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w/comp & heath insurance??? Illinois
posted at 7/1/2009 12:28 PM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
To piggyback onto RRuperts suggestion that keeping folks on in any capacity has proven a faster rehabilitation and return to full duty - I have a shirt-tail cousin who owns a large paving company. He completely believes in that theory and has proven it over and again.
If he can't find anything else, he will give the injured employee a lawn chair and a hand sign and have him waive the sign as the local traffic drives by the business. He gets some advertising out of it and keeps the employee on the payroll. He has also had them count the cars using a clipboard and a pencil. His employees love him and they know he won't abandon them in the event of workplace injury. It takes a large committment to do this, but as the owner, he gets to decide. |
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w/comp & heath insurance??? Illinois
posted at 7/1/2009 5:02 PM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
"I have tried to talk to lawyers but they say they handle the employee's end of it not the employer."
It would appear that you're talking to the wrong type of employment attorney. One type represents employees; other employment attorneys represent employers. I would find yourself a business employment law firm and ask for an employment law attorney. |
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