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Category: California Employment Law
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Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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If I work for a company, who will pay for my medical benefit,

Customer Question

If I work for a company, who will pay for my medical benefit, but then I suddently get sick or be involved in a car accident and have to stay in the hospital for a long time (maybe in coma or maybe i have cancer). Questions for you...

Q1: Can the employer have the right to terminate my employment?

Q2: If I get terminated by my employer due to being in the hospital too long then I no longer have insurance, then will there be any source of goverment fund to help me to pay for my medical bill and my living cost?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

You asked:
Q1: Can the employer have the right to terminate my employment? Unless you qualify for leave under the Family Medical Leave Act (FMLA), then if you can not come to work, your employer can terminate you. The FMLA applies if you work for an employer who has 50 or more employees, you are there at least a year, and at least 1250 hours a year, and then the Act grants you 12 weeks of job protected leave a year for serious medical condition.

Q2: If I get terminated by my employer due to being in the hospital too long then I no longer have insurance, then will there be any source of goverment fund to help me to pay for my medical bill and my living cost? If your company had at least 20 employees, then you will qualify for COBRA insurance and you will be able to purchase health coverage---the same you had with the employer---for 18 months. In CA if you are too sick to work, and disabled by illness or injury, you can collect state disability for up to 1 year. It pays the same as unemployment insurance---about 60% of your average weekly wage.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

Doug
Customer: replied 1 year ago.


If I got injury or illness, my job terminated me, I collected state disability for 1 year, and I don't afford to buy COBRA insurance, now what happen if I'm in the hospital the whole time starting from the day that I was still working but got illness or injured until after I got terminated by employer for being in the hospital and could not show up for work. The minute the employer terminated me, I did not have my insurance no more due to Not-Afforded COBRA, then who will take care of my hospital bill while I'm still in the hospital (maybe in coma situation)?

Expert:  LawTalk replied 1 year ago.
Good morning Christy,

You wrote: The minute the employer terminated me, I did not have my insurance no more due to Not-Afforded COBRA, then who will take care of my hospital bill while I'm still in the hospital (maybe in coma situation)? Well, let me ask you this---as you sit there today, if you don;t have insurance, who is going to take care of your bills if you are in a coma? Getting a job doesn't change that dilemma. It does give you health insurance for while you are employed. If you are worried about the what ifs, then you have to put money in savings so if you do lose your job, you WILL be able to pay for COBRA.

I presume that you don't have insurance now---right. If you are hospitalized now, the same things happen that would happen if you are working, have insurance, get hospitalized, get let go from your job, lose your insurance and can't afford COBRA. You are in the same position.

No one will take care of your hospital bill if you are in a coma and have no insurance. Going to work for a company that offers insurance to you is not intended to change that fact of life.

If you are not working now, and you get ill, you can;t collect state disability. So working would bring you that benefit as well.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Christy. It has been my pleasure to assist you and I hope you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (8-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.
Customer: replied 1 year ago.

Thank you very much for your help ;-)

Expert:  LawTalk replied 1 year ago.
My pleasure, of course.

Doug

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