Many people that are injured on the job struggle with the question, “will my job benefits continue while I am on worker's compensation?” Depending on your state’s worker's compensation laws, the answer to this varies. In some states, employers are required to continue paying a portion of an employee’s health insurance premium while they are receiving workers’ compensation, or if they don’t pay for insurance, they must compensate the employee for the amount that they would have paid. However, in other states, employers aren’t held to the same requirements. If you are unsure where your state’s laws on workers’ compensation fall, it’s always a good idea to hire a lawyer and discuss your situation with them as soon as possible.
When is an Employer Required to Continue Paying for my Insurance While I Am Out on Workers Compensation?
If you are receiving workers’ compensation benefits, but are worried about whether you’ll continue to receive health insurance coverage while on leave, in most states, employees are protected by state laws such as Family & Medical Leave (FMLA), Employee Retirement Income Security Act (ERISA), and their state’s workers’ compensation requirements. If your state’s laws provide coverage under FMLA, you can continue to receive job benefits for up to 12 weeks while on workers compensation if you have worked for your employer for at least a year, worked at least 1,250 hours during that time, and work at a location where the company employs 50 or more employees within 75 miles.
Under ERISA, if you hold a non-government job, and you are enrolled in a health insurance plan through your employer if, at any time, you become injured on the job and collect worker's compensation, your employer is required to continue providing you with health insurance. If your employer refuses, ERISA gives employees injured on the job the right to sue their employer for the health insurance coverage that they are entitled to receive.
What if my Employer Refuses to Provide me with Job Benefits While I am on Workers Compensation?
If you are injured on the job, and your employer refuses to continue providing you with job benefits while on worker's compensation, you could be eligible to sue your employer to recover compensation for benefits. If your occupation and state laws offer protection to employees under ERISA, with the help of an experienced lawyer, you can sue your employer for any medical benefits that they owe you.
If you choose to sue your employer for refusing to provide you with job benefits while on worker's compensation, it’s essential to have an experienced lawyer by your side when filing a claim. A lawyer can protect your right to recover job benefits, support your claim with substantial evidence, and has the experience needed to push back against the other party’s insurer if they continue to deny you benefits.
Talk to a Workers Compensation Lawyer Today
If you or someone you love has been injured in a workplace accident, and you are worried about whether your job benefits will continue while you are on worker's compensation, you need to hire a lawyer. An experienced lawyer understands the ins and outs of your state’s workers’ compensation laws, can quickly determine your eligibility to receive benefits, and sue for compensation and offer you the support you need during this challenging time.
Christopher Dixon and the Workers Compensation Lawyers at the Dixon Injury Firm are passionate about representing the cases of personal injury victims and their surviving family members and are available 24/7 to offer you guidance during this difficult time. Our lawyers know what it takes to recover the compensation that you deserve for job benefits from your employer, and will do everything in their power to produce the best results for your case.
If you are ready to see how our Workers Compensation Lawyers can help with your case, don’t hesitate to call (314) 208-2808, or contact the Dixon Injury Firm today to schedule a free consultation and explore the options available to your case for recovering compensation for job benefits from your negligent employer.