Healthcare is a big issue, and with the high cost of medical care, the need for healthcare is a serious one.  However, many people worry about how their workers’ compensation injury will affect their healthcare benefits.

Initially, your private healthcare insurance may well not cover your worker’s compensation injury (unless the injury is denied by the workers’ compensation carrier).  As with all insurance companies, nobody wants to pay more than they are required to.  Your private insurance will usually deny all medical costs that are related to your workers’ compensation injury.  They (your private insurance) will expect your workers’ compensation carrier to cover those expenses, just as the workers’ compensation insurance carrier will not cover anything other than the injury you sustained at work.

Another common question is “will I be able to keep my private health insurance?”  There is no simple answer to this, as each employer is different and businesses have different policies.   We have seen people out of work for over two years and their employer still pays for part of the health insurance premium.  Unfortunately, we have also seen people out of work for only a few months who have been dropped from their employer’s plan.  Workers’ compensation laws do not guarantee your health insurance, and the workers’ compensation carrier will not pay for part of the premium.    Federal law does require an employer (if they are large enough) to offer COBRA, which allows you to stay on your health plan, but you have to pay the full premium.    If you think your healthcare insurance coverage may become an issue in your workers’ compensation case, you may want to contact your human resources office. 

For more information on this issue, please contact The Moses Law Firm, PC, by phone or through our website.