What are my rights

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What are my rights

I was injured on the job in Springfield MA.  I work doing Maintenance at an apartment complex. I broke a bone in my foot and it looks like am going to need surgery. I will be out more than the FMLA 12 week that my company pays along with what workers comp pays. This is because am getting my hip replaced in August and I was planing on using the FMLA then but since I got hurt and will need the foot surgery after my hip surgery am in a bind because the company I work for says I will have to swich over to cobra Insurance vs. the company Insurance I have now. The Cobra Insurance is very costly. My question is are they obligated to pay my insurance and 2nd would I qualify for short term disability through social security becasue I will be out over the 3 months. I hopefully will be getting long term though my company but that only pays 60% and they said if I get it and they also said they are not sure if I will have a job to come back to only am able to come back. Thank you Bill

Asked on June 27, 2009 under Employment Labor Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have run into the issue of your employer being required to keep your job only for a limited time period and your need to be out of work for a longer period than that.

In essence, we cannot tell you your rights herein with basic information given by you, with no consultation with you, including a review of your medical bills, your work related job duties, etc.

Your best bet: consult with a labor lawyer to determine if there is a negotiation that can be made.  Try www.attorneypages.com and check his or her record at the Massachusetts State Bar.


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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