The short answer is, in most cases, no. The longer, more complicated answer is possibly.
If you’re injured at work and need to take time off to recover, your employer is legally required to provide you with workers’ compensation benefits. However, some employers try to cancel health insurance coverage while an employee is on workers’ compensation in an attempt to save money on their insurance cost or premiums. This practice is both illegal and unethical, and can cause serious financial hardship for the injured worker.
If you take time off under the FMLA, your company may require you to pay your health insurance premium.
Most companies will not retaliate against an employee who has filed a workers compensation claim, but they might stop paying for their benefits. Some of the employers might choose to discontinue the coverage in case of extended absence.
Two federal programs can help ensure continued health coverage: One is the Family and Medical Leave Act, which covers workers that are injured and cannot work. And the second is COBRA, which provides support if a worker can afford it themselves.
There are some senarios where the employer may still be able to stop health insurance benefits legally. For instance: If an employer has to cancel health insurance for their employees due to financial reasons, they can do so even if the employee is on workers compensation. The only exception to this would be if the employer and employee had some sort of contract in place that said otherwise.
You can read more about FMLA directly at https://www.dol.gov/agencies/whd/fmla
You may also learn more about Continuation of Health Coverage (COBRA) here: https://www.dol.gov/general/topic/health-plans/cobra
What are an employee’s options if their employer cancels their health insurance while they are on workers compensation?
If your employer cancels your health insurance while you are on workers compensation, you have a few options. You can continue your coverage through COBRA, sign up for a new plan through the Marketplace, or get insurance through your spouse’s employer. If you have any questions about your options, you should consult with your HR department or a benefits professional.
Conclusion
If you have been injured at work and are receiving workers’ compensation benefits, your employer may not cancel your health insurance in most instances.
Regardless if you are an employer or an employee: If you have any questions or would like one of the Workers Compensation insurance Specialists at First Choice Insurance Consulting to help point you in the right direction, please feel free to call us toll free at (866) 395-9549 or reach out here https://fciconline.com/contact-3/
