...if someone fired due to a clear medical condition and is admitted to the hospital the next day?
2006-12-23
18:59:59
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6 answers
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asked by
presidentrichardnixon
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in
Politics & Government
➔ Law & Ethics
This isn't about me, but I am still interested to know. It's a serious medical condition, one that an employer could not reasonably accomodate at all.
2006-12-23
19:21:48 ·
update #1
The person became disabled on one day, fired later the same day, and admitted to the hospital in critical condition.
2006-12-23
19:41:52 ·
update #2
Incapacity due to medical condition is compensable under the Labor Laws. It is also chargeable to insurance if the employer and employee are insured.
2006-12-23 19:04:24
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answer #1
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answered by FRAGINAL, JTM 7
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First of all, you cannot be fired in the US based solely on a medical condition (unless the medical condition could not be accomodated and the employer would have to really try hard to accomodate the condition). Therefore, find an attorney who specializes in Employment law and, specifically, the Americans with Disabilities Act.
Second, a firing cannot interrupt employer-based medical coverage. COBRA coverage will take over. You mentioned you were fired one day and hospitalized the next. Likely, the coverage you had at work didn't lapse until a few weeks after the actual termination date (but maybe it did). At any rate, when the lapse occurs, COBRA takes over. The only issue with COBRA is that you have to pay for it. What ever your employer was paying before termination, you pay that amount from now on plus whatever you were paying before. In general, you can keep COBRA coverage for 18 months (but there are exceptions). The insurance company must notify you within 14 days after being notified by your employer (who has 30 days to notify the insurance company) that you can get Cobra coverage. You then have some period of time (I believe 60 days) to tell the insurance company that you want coverage to continue.
But the bottom line is that there is no lapse in coverage as long as the company isn't so small that Cobra doesn't apply,
2006-12-23 19:16:29
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answer #2
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answered by Erik B 3
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You need to give more information and you would probably do better telling a Lawyer, Or you could call the Association that identifies with your health issue and get advice.
Also call Workman's Comp.
Google:
The American's with Disability Act
The ACLU.
2006-12-23 19:11:11
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answer #3
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answered by Norton N 5
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No. whilst you're vacationing docs often, on your own time, utilising your scientific wellbeing coverage to pay for it, your corporation won't ever be attentive to. The scientific information would not get pronounced returned to the corporation. Your corporation would not pay something different than the coverage fee. The coverage company will pay each and all the costs. The corporation would not incur to any extent further fee - the coverage company will pay for it. the difficulty is, whilst you're taking a brilliant form of injury day of artwork, the corporation can fire you for lacking artwork. till you organize to take long lunches, and artwork previous due.
2016-10-28 06:51:19
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answer #4
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answered by ? 4
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In the US health insurance though your work, can be continued though what they call "COBRA" coverage, you will have to pay the monthly premium yourself.
2006-12-24 01:29:46
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answer #5
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answered by Anonymous
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Alcoholism is a disease, I'm sure you'd qualify but quit stealing from us honest folks you drunken butthole
2006-12-23 19:09:13
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answer #6
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answered by Anonymous
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