health insurance Archives - UELG https://www.california-labor-law-attorney.com/tag/health-insurance/ California Labor Law Attorney Fri, 21 Feb 2020 19:56:04 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg health insurance Archives - UELG https://www.california-labor-law-attorney.com/tag/health-insurance/ 32 32 Common Mistakes Made When Filing a Workers Compensation Claim https://www.california-labor-law-attorney.com/common-mistakes-made-filing-workers-compensation-claim/ Mon, 18 Sep 2017 07:26:19 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1482 There are common mistakes made when filing a workers compensation claim which you should avoid. First, you should fill the […]

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Man and woman filling out workers Compensation forms on a laptop

There are common mistakes made when filing a workers compensation claim which you should avoid. First, you should fill the compensation claim with an open mind knowing nobody will report to the workplace while expecting to be injured.

There are different forms of compensation which you can access after you file for the compensation claim. If you are injured, then you should file for compensation so that you can access funds which you will use to pay for treatment services. If mistakes are made while filing for compensation, then you may face challenges when trying to file for compensation.

Failing to report the injury

You cannot access workers compensation if you decide not report the injury. If you have been faced with an incident, then the first step you should take is to report the injury to your employer. There are two ways you can report the injury. You can either report in writing or report in person. If you fail to report to your employer, there will be no records to your injury which will compromise your process of trying to file for the compensation.

Reporting your injury to the doctor first

If your injury is not a medical emergency, then you should consider reporting to your employer. It is necessary to report your injury to the employer before you proceed to report to your doctor. Even if you feel like you should see your doctor as fast as possible, but you should ensure you report to the employer first.

Seeking coverage through your private health insurance

An employer’s workers compensation will cover your medical bills as well as other disabilities which can arise out of the injury. It is unlike your personal health cover which will only pay for your medical bills. Some private insurance providers can even deny you the claim if they discover you were injured in the workplace.

Failure to report injury because you are not sure of the cover

Even if you don’t have enough information about areas where your cover can help, it is necessary for you to report all cases of injury ion your workplace so that you can access compensation if the employer has any cover.

Failure to provide accurate and complete injury report

The insurance cover will provide to you compensation based on the injury report which you will provide. It is necessary for you to provide details about your injury so that you can access the compensation.


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Understanding the Consolidated Omnibus Budget Reconciliation Act – Simplified https://www.california-labor-law-attorney.com/understanding-consolidated-omnibus-budget-reconciliation-act-simplified/ Mon, 27 Jul 2015 17:30:25 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1197 COBRA – known as Consolidated Omnibus Budget Reconciliation Act in full – is an act of law that helps those […]

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COBRA – known as Consolidated Omnibus Budget Reconciliation Act in full – is an act of law that helps those who have already left employment to continue receiving health insurance coverage. The law is generally crucial to those who may want to safeguard their financial and health security even after leaving a job or losing an employed spouse. When one opts to continue with COBRA they don’t have to pick a new plan or transfer medical records. However, there are few basics and requirements in order for one to avail these benefits.

Eligibility Criteria

To qualify for COBRA, one must satisfy several requirements. First, one’s current health plan must be subject to COBRA law. It’s important to note that not all health cover plans are eligible. Another requirement to take note of is that one must be considered a qualified beneficiary in their existing health plan in order to qualify. A qualified beneficiary can be an employee of the sponsoring health plan, spouse, dependent or agent/director (that participated in a health plan) or a retired employee who lost their job as a result of an employer going bankrupt. Lastly, one must have a “qualifying event”. A qualifying event can be: when one is laid off, quits, gets fired, gets terminated or still employed but working hours are reduced causing a loss of health insurance benefits.

How Long It Lasts

An individual may continue enjoying COBRA health-coverage for up-to 18 months. Children or spouses dependent on the employee who become eligible through other reasons other than by employee’s qualifying event can choose to continue the coverage for up-to 36 months – that is if the employee passes on in the course of the 18 months period. In the event the person under the coverage is disabled, COBRA coverage can be lengthened to 36-months.

How It Works

The firm that operates your employer’s health plan is by law supposed to send you several notices concerning your right to receive COBRA cover benefits. Once a qualified event occurs, one is required to enlighten the administrator of the plan. After receiving this notification, the administrator is expected to send-out an election notice to all beneficiaries thereby allowing them 60 days to respond on whether they wish to continue their cover through COBRA or not.

Paying For COBRA  

The employee or any of the beneficiaries are required to pay the entire premium to sustain full benefits of the cover. However, from September 2008 the Congress changed (temporarily) this rule to allow one to pay 65% premium in order to enjoy partial subsidy.

Getting Legal Assistance

Because of COBRA’s extensive paper-work and raft of requirements, it is important to seek assistance from professionals. Sometimes, a simple glitch can interfere with the benefits one is entitled to. In case of doubt, one should consult with a professional employment lawyer for further assistance.


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How Long COBRA Benefits Last in California https://www.california-labor-law-attorney.com/long-cobra-benefits-last-california/ Mon, 30 Jul 2007 16:29:30 +0000 https://www.california-labor-law-attorney.com/?p=1176 In the state of California, COBRA i.e. Consolidated Omnibus Budget Reconciliation Act allow workers and their spouses and/ or dependents […]

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In the state of California, COBRA i.e. Consolidated Omnibus Budget Reconciliation Act allow workers and their spouses and/ or dependents to continue their group- health insurance coverage even if there is a catastrophe which have occurred and which would otherwise terminate coverage, like the worker getting laid off or his/ her spouse getting divorced. Generally, the benefits that one is supposed to reap from the insurance coverage lasts from one to three years, and it is often determined by the circumstance.

What are the COBRA Basics?

If you’ re an employee and you have been covered by your employer’s group- health insurance plan in California, you are usually allowed to continue with your coverage despite the existence of factors which would otherwise terminate your coverage.

Some of the factors which in most cases are referred as qualifying events that can easily end up terminating your coverage as an employee include; being fired, getting laid off or quitting (for other reasons apart from gross misconduct).

The spouse as well as dependents of the employee can continue their coverage also in case any of the afore- mentioned qualifying events occur. In case the employee dies, he/ she divorce with his or her spouse, he or she qualifies for Medicare, the spouse and dependents become eligible for their coverage.

However, be informed that an employee, his or her dependent or spouse who benefits via COBRA is always required to pay the cost of coverage in full. Be informed also that the cost of coverage is normally less as it would cost to buy an individual insurance policy because in most cases employers often negotiate lower group- health insurance rates.

How Long Does Consolidated Omnibus Budget Reconciliation Act Last?

The qualifying events greatly determine the period of COBRA benefits. Basically, in case the qualifying even happens to be the quitting of the employee, reduction of working hours of an employee or termination of an employee, benefits last for 1 year.

In case the qualifying event is the death of an employee, divorce or the employee or loss of dependent status by the defendant under the plan, COBRA benefits last for three years.

Be informed that COBRA coverage is liable to extension from 18 to 29 months in case the qualifying event is the reduction of hours, quitting or termination of employee. However, in such a scenario, the beneficiary should either have a disability at the time of the qualifying event or he/ she accidentally becomes disabled during the first 60 days of COBRA coverage.

Last, but definitely not least, for more information about how long COBRA benefits last in California, kindly do not hesitate contacting us.


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