Most businesses are required by law to provide workers’ compensation insurance to their employees; however, this only covers medical costs related to workplace injuries or illnesses and not unrelated ones.
While it is illegal for employers to retaliate against employees who file worker’s comp claims, they are not obligated to maintain them on payroll and many employees find themselves asking: Can I still access health insurance?”
Yes
Employers typically pay for health insurance while an employee is out due to workers comp, with payments deducted directly from an employee’s paycheck. Furthermore, any applicable premium payments would need to be covered by either party individually.
This question can be difficult to answer as its response depends on state regulations and the duration of an employee’s medical leave. Some states mandate employers keep health insurance coverage for workers on workers’ compensation while other don’t. Furthermore, if an employee falls within the scope of Family and Medical Leave Act protections that offer healthcare benefits concurrently with workers’ comp leave they may continue receiving these protections even while out.
Even if an employer does not cancel health insurance for employees on workers’ compensation, they could still revoke other benefits – for instance ending disability payments or withholding vacation/sick days from workers claiming workers’ comp. Such actions could constitute illegal retaliation against these workers; should any questions arise regarding how your policy handles these issues it would be wise to speak to a workers’ compensation lawyer immediately.
Medical expenses related to work-related injuries and illnesses can be staggering. Furthermore, injured workers often lose wages while out of work which creates financial strain. Wage replacement benefits provide valuable support in offsetting these losses while relieving some stress associated with them.
Workers’ compensation benefits extend far beyond medical expenses and include disability payments to cover part of an injured worker’s lost wages, rehabilitative services such as physical or occupational therapy and death benefits. Furthermore, depending on their situation an injured worker may be entitled to receive additional compensation from any third-party contributors to their injury or illness.
Similarly, if a worker is injured using tools produced by one manufacturer and files a product liability claim against that manufacturer, they could be eligible to file a product liability suit against that manufacturer and seek damages as part of a workers’ compensation settlement which could include covering any preexisting conditions that were made worse during an incident at work.
No
Workers’ compensation benefits may cover health care expenses related to being injured on the job, such as treatment related to an injury or illness incurred on the job. Your employer may also offer flexible spending accounts or health reimbursement plans which allow you to cover these costs and ensure you can access care while absent due to workplace accident or injury.
Workers’ compensation only typically covers medical costs associated with work-related injuries or illnesses; it typically does not provide healthcare for non-work related conditions, including preexisting ones that have been made worse due to your workplace injury. When this is the case, your regular health insurance may come into play; in such instances make sure that all expenses related to your healthcare are appropriately documented by your healthcare provider.
Keep in mind that, if you’re taking medical leave due to work-related injury or illness, employers should continue providing group health insurance coverage unless doing so violates federal law and constitutes retaliation against injured workers. Injured employees should consult their lawyers if they believe this has happened.
If you are taking time off work due to workers’ comp-related injury or illness, FMLA provides protections. With up to 12 weeks of unpaid leave available for qualifying medical and family reasons under FMLA protections. Your employer should maintain health insurance coverage during this time and continue paying their portion of premium payments as per usual.
Make sure that you submit medical documentation and seek treatment according to the Workers’ Compensation Board’s Medical Treatment Guidelines. If they deny your request for treatment, filing an appeal with them could be your only recourse.
Depending on your employer’s policy
Employees need to understand their rights and responsibilities related to workers’ compensation, especially regarding health insurance. Employers generally cannot terminate an employee’s health coverage while on workers’ comp, but may still terminate other benefits that stand alone from it. If you are uncertain how your employer handles this matter, seek legal advice immediately.
Workers’ comp is a type of disability insurance that provides cash payments and medical expenses for people injured or sickened as a result of their job, along with providing a portion of lost wages while they recover from workplace injuries or illnesses. The amount received depends upon both severity of injury or illness as well as type of work they perform; each state handles workers’ comp differently; regulations often vary significantly from one another.
Health insurance rules are more complex. While some states mandate an employer provide health coverage to injured employees, whether or not they do may depend on whether or not the injured worker qualifies for Family and Medical Leave Act (FMLA) leave as well as eligibility requirements of their health plan.
Workers receiving workers’ compensation should qualify for COBRA benefits that allow them to continue paying their portion of premiums, however if their employer cuts back or terminates these benefits it could be illegal and require legal action to enforce.
Employees who file workers’ compensation claims are already facing serious injuries and illnesses, so any reduction of benefits should not be tolerated as adequate coverage must continue until their return to work. If your employer is cutting benefits or terminating you for taking time off for a work-related injury or illness, contact an experienced workers’ compensation attorney immediately – KJT Law Group can help determine how best to move forward and protect your rights.
Contact an attorney
After an accident or work-related illness occurs, it’s wise to contact workers’ comp lawyers in NYC as quickly as possible. A skilled attorney will be able to assist in filing the necessary paperwork, keeping track of medical bills and expenses, and represent you at any court hearings necessary.
Keep a detailed journal of your symptoms and treatments, which could serve as evidence in case of litigation. Also keep receipts for travel costs related to doctor visits and medications taken related to your injury; these costs could potentially be reimbursed if they’re related. It is essential that any incident be reported immediately to both supervisors as well as employers when possible and FMLA leave taken should also be communicated immediately to both.
Filing for workers’ compensation may be daunting for employees. They often worry that filing will mean losing their job or benefits such as health insurance; however, it’s important to realize that filing workers’ comp should not change your employment relationship at all. Your employer has a legal obligation to continue providing benefits similar to what has always been provided – this includes health coverage.
If your employer decides to cancel your health insurance, they are legally obliged to give notice and provide an opportunity for you to continue coverage under the Federal Continuation of Health Coverage (COBRA) program. Furthermore, even though your health coverage has been terminated, workers’ compensation payments remain payable – it just needs to be submitted on time!
If your employer disputes your claim, it may require attending a court-ordered hearing before an administrative law judge. While not legally necessary to have an attorney represent you during this process, having one can help protect your rights and best interests as they negotiate with insurance providers for you and help secure the best possible resolution for your circumstances.
