What are my rights if I was injured at work and sent on vacation but then my health insurance cancelled without informing me?

UPDATED: Oct 1, 2022

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What are my rights if I was injured at work and sent on vacation but then my health insurance cancelled without informing me?

My employer was aware of a work injury, they sent me on vacation for 5 weeks as I’ve accumulated them throughout my years of working for them. My employer then cancelled my insurance, they claim accidentally, but I am now on the hook for thousands of dollars. My injury is still as of yet untreated and the employer, who claimed they would be able to reinstate that insurance retroactively is still yet to do so. I am in severe pain and need a diagnosis and likely physical therapy for a spinal injury that I sustained at work and I fear they are going to attempt to terminate me rather than reinstate the cancelled insurance as they promised leaving me in a very bad position.

Asked on July 21, 2019 under Personal Injury, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were on vacation when the insurance was terminated, as appears to be the case if we understand the timeline correctly, that was illegal: you were still employed (being on vacation is being employed) and therefore are entitled to all the compensation and benefits, including health insurance, you were working for Not only must your employer reinstate your insurance, but the employer must pay any medical bills or costs you incurred because they improperly terminated your insurancel; if they won't pay, you could sue them (e.g in small claims court) for the money.
And if the terminate you while or because you are injured, that may be illegal disability-based employment discrmination: if they do this, contact the state equal/civil rights agency or the federal EEOC about seeing if the situation warrants a discrimination complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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