Can Your Employer Terminate Your Health Insurance Benefits If You Are Collecting Workers’ Compensation Payments?

Health Insurance Benefits

Under New Jersey’s workers’ compensation laws, you are entitled to payment of all “necessary and reasonable medical expenses” resulting from a work-related injury, including medication and hospitalization, as well as payment based on your disability. If you have job-related health insurance, can your employer terminate that insurance during any period when you are unable to work?

Unfortunately, there are no provisions in the New Jersey workers’ compensation laws that require your employer to keep your company health benefits in force while you are collecting workers’ compensation payments. That does not mean, however, that your employer won’t have to pay for any medical expenses that you have. But it can mean that any coverage provided to your dependents through the company-provided health insurance policy will be discontinued. Though surviving spouses and dependent children may be entitled to disability benefits in the event of your death from a work-related accident or illness, there is no provision for them to receive any medical benefits and no requirement that your health insurance covering them remain in effect.

You may be able to get some limited benefits or protection under the Family and Medical Leave Act (the FMLA), a federal statute that protects employees who need to take time off from work for health reasons. Under the FMLA, you can have up to 12 weeks unpaid leave with full benefits. You must, however, apply for leave and your benefits will only be available for that three month period.

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We handle all personal injury cases on a contingency basis. There will be no attorney fees unless we get compensation for your losses.

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