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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118130
Experience:  20+ Years of Employment Law Experience
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My son is on medical leave from s job. s employer did not

Customer Question

my son is on medical leave from his job. His employer did not discuss who was paying his insurance premiums when he left for surgery. (last summer) His employer paid the premiums until end of December and dropped him. This is a job where he has a huge $4000 plus tool box full of expensive tools at this job sight and the employer says he can't go get it until he pays all of the insurance premiums the company paid on his behalf. Is this legal? The doctor has not released my son. Although without insurance he is looking for another job, this job violated so many osha laws, that is how he got hurt, but didn't turn it in as workmans comp, (I begged him too) but he was being nice. How can he get his tool box and tools?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Absent a written contract to the contrary, once the employee's leave under Family and Medical Leave Act leave is up or the employer's leave policy is exhausted, then legally they can make the employee pay for benefits paid by the employer on their behalf.
If he was hurt at work he needs to file a workers compensation claim before it is too late, which is 2 years from date of injury under KY law. See: KRS 342.185.
So at this point he needs to get himself a local attorney who handles workers compensation cases and they do not charge up front, they charge based on the benefits obtained. Also, the attorney would get a court order to make them turn over his tools which they are holding for a lien for payment.