Many injured employees who have filed workers’ compensation claims may wonder if their employer has the right to cancel their health insurance while on workers’ compensation. Unfortunately, your lawyer does have the legal right to cancel your health insurance. However, the matter of if your lawyer will or won’t cancel your health insurance depends on the policy of your employer. Knowing your workers’ compensation benefits as an injured employee, as well as the laws surrounding your protected rights, is vital to better prepare yourself.
Knowing Workers’ Compensation Benefits
By law, your employer isn’t required to continue providing you with benefits. This is because your health insurance isn’t a part of your workers’ compensation benefits. The only time where your employer is required to provide you with health benefits after your injury is if your employment contract says otherwise. However, the majority of employees are considered at-will employees, which means that the employer has a legal right to fire you whenever and for whatever reason, as long as it isn’t discriminatory.
If you don’t have an employment contract or you didn’t sign one when you started working for the company, it’s completely up to your employer if you’ll keep health insurance while on workers’ compensation. Knowing your legal rights for workers’ compensation benefits is important, as it’ll allow you to better react to the loss of your health insurance. In addition, it’s not legal for an employer to retaliate by firing you for filing a worker’s compensation claim. An employer can fire you for other unrelated problems, which can also cause you to lose your health insurance while on workers’ compensation.
What to Know About Your Health Insurance as a Union Employee
If you aren’t an at-will employee, but instead work with a union, you’re also likely wondering if your rights to health insurance while on workers’ compensation are protected. The only time your employer is legally required to provide you with health insurance, even if you’re injured and not working, is if it says so in your union contract. In the instance you’re unsure of what your health insurance benefits look like while you’re receiving workers’ compensation, it’s always wise to speak with your union representative.
What to Do if Your Employer Cancels Your Health Insurance While on Workers’ Compensation
If you are in the unfortunate circumstance where your employer canceled our health insurance while you’re on workers’ compensation, don’t lose hope. There is a program available to you that helps you stay afloat with healthcare coverage called the Consolidated Omnibus Budget Reconciliation Act (COBRA). Your employer may have you switch to COBRA or ask you to pay your portion of your health insurance premium to keep you covered by health insurance.
It’s also possible for you to be fired from your position, even after opening up a workers’ compensation claim. If this happens to you, you can expect your health insurance benefits to stop the same way any other terminated employee’s benefits would stop with this employer.
Knowing Your Rights for Health Insurance While on Workers’ Compensation
How your employer handles canceling your health insurance while you’re on workers’ compensation really depends on your employer’s policies. It’s unfortunate that your employer can cancel your health insurance while you’re on workers’ compensation. But, don’t lose hope if this does happen to you; there are plenty of other venues available to help you stay afloat.
If you’re unsure if your employer legally canceled your health insurance while on workers’ compensation, contact Mottaz & Sisk Injury Law today!
