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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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If I was hurt on the job and currently in treatment how can

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If I was hurt on the job and currently in treatment how can the union stop my insurance after my hours have expired, shouldn't my company or the insurance company be responsible to pay that in?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Can you tell me if you are out on a type of protected leave (FMLA or other) while you are receiving treatment?

Also, have you filed for workers' compensation yet?
Customer: replied 3 years ago.

Yes to your first question I am receiving TTD and no I have not filed any workers comp.

Hello Terry,

I was unclear about your answer to the first question. You are on temporary total disability, but that is through your employer's insurance company.

Are you also on FMLA or another type of protected leave leave through the federal or state government?
Customer: replied 3 years ago.

No I am not on FMLA I just wanted to get an answer to the first question pertaining to my union insurance.

Are there any cost associated with these other questions?

Hello Terry,

No, there is no additional cost to other questions here.

I wanted to determine if you were on a form of protected leave, since that would legally obligate your union to continue to pay for your health benefits while you are out from work. For instance, FMLA provides you with 12 weeks of protected leave, during which your employer must provide you with the same health insurance benefits that you had while working.

Unfortunately, since you are not on a form of protected leave, while the company and insurance company definitely should be paying for your insurance, they are not legally obligated to do so.

Since you suffered an injury at work, in order to receive payment for your medical expenses and other expenses, you should file a workers' compensation claim as soon as possible, since you will be able to receive payment for your medical expenses (and other expenses) through workers' compensation.

Please let me know if you have any follow up or clarifying questions.

Thanks and best of luck!
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