Will I Keep my Benefits While on Workers Compensation?

Employer policy regarding worker benefits

Many injured workers who have filed workers comp claims wonder if their benefits will remain in effect while they receive workers’ compensation benefits.  The answer is that it depends upon your employer’s policy. Your employer is not required by any law to continue your benefits unless you have a union contract or another written contract.  In the absence of a written employment contract, whether your employer continues any benefits is, unfortunately, entirely up to your employer.

Employer must give advance notice when discontinuing benefits to injured workers

If your employer terminates your health insurance when you are receiving workers compensation benefits, he or she must give you notice in advance and an opportunity to continue to pay the premium yourself under the Federal Continuation of Health Coverage (COBRA) program.  Other benefits, separate from health insurance, can be terminated when you are out on workers compensation. Unless your employer has a written policy or a written employee agreement that states that benefits will be continued when an employee is out on workers comp, they have the right to terminate or suspend them.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act, if you qualify, does require your employer to continue to maintain your benefits for up to 13 weeks if you miss work due to a work comp claim.  If you qualify for FMLA, your employer will be required to maintain your benefits for the covered period.  To see whether you are covered is the subject of another blog post or you can read up on this topic through other Internet research.

Injured workers should focus on recovery and consult with an attorney

If you’ve been injured at work and want to know if you are eligible for workers compensation benefits, consult with an experienced workers compensation attorney at Klezmer Maudlin. We care about fighting for the rights of injured persons and workers throughout the state of Indiana.  With offices in Evansville, Indianapolis, Lafayette, New Harmony, and Jeffersonville (Louisville, KY), we are well-equipped to handle your case.