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Home Workers’ Compensation Attorney Can I Lose My Health Insurance While on Workers’ Comp?

can I lose my health insurance while on workers compIf you file for workers’ comp benefits, you may understandably ask, “Can I lose my health insurance while on workers’ comp?” If you file a claim, you should continue to receive your health insurance benefits, assuming your employment status remains unchanged. However, every case is different. It is best to consult an attorney to help you communicate with your employer and ensure you maintain the coverage you need.

At Younce, Vtipil, Baznik & Banks, P.A., we understand you might have questions about health insurance while on workers’ comp. We will help you manage the North Carolina workers’ comp process and answer all your questions along the way. You do not have to face a workplace injury alone. Let an experienced attorney from our firm be the legal advocate you need.

Can My Employer Cancel My Health Insurance While I’m on Workers’ Compensation?

Under North Carolina’s Retaliatory Employment Discrimination Act (REDA), your employer cannot punish or retaliate against you for filing a workers’ compensation claim, including by canceling your health insurance or firing you. However, while most North Carolina employers are required to provide workers’ comp coverage for workplace injuries, they are not required to pay your health insurance premiums for you when you are off work for workers’ comp. Some employers will voluntarily continue to pay these premiums while you are out.

If you are concerned about whether your health insurance coverage will lapse while receiving workers’ compensation benefits, talk to your employer about how your workers’ comp and health insurance interact.

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Who Pays for My Health Insurance While I’m Receiving Workers’ Comp Benefits?

Your employer should continue paying their portion of your premiums if you have employer-sponsored health insurance, as long as you’re still employed. You will likely still be responsible for paying your portion, though. This amount is usually taken out of your paycheck. However, you may not be receiving your regular paycheck while you are out recovering on workers’ comp. You may need to continue making these health insurance payments yourself.

Be sure to talk to your employer so you understand who will be paying for your health insurance coverage. You do not want to assume that your weekly or bi-weekly contributions are deducted from your workers’ comp check. Otherwise, you could risk your insurance lapsing for non-payment. Ensure you understand how to pay the necessary contributions by verifying the process with your employer and insurance company.

What Happens to My Health Insurance If I’m Fired While on Workers’ Compensation?

Your employer cannot fire you as retaliation for filing a workers’ comp claim. However, that doesn’t mean they can’t fire you for valid reasons. If you are fired while on workers’ comp, your health insurance benefits will end just like any terminated employee’s benefits. You may have an option to maintain your same healthcare coverage, though.

Terminated employees typically can continue health insurance under the Consolidated Omnibus Budget Reconciliation Act (COBRA). COBRA applies to private-sector employers with at least 20 full-time employees and state and local governments. Your employer’s health plan administrator will provide you with a notice stating your right to choose to continue your benefits. You have 60 days to accept coverage. Otherwise, you lose your right to the health insurance benefits.

One downside to continuing coverage through COBRA is the cost. You will pay the full cost of the coverage plus a two percent administrative charge. If your employer paid the bulk of your premium, this could now be very expensive.

How Can Our Workers’ Compensation Specialists Help?

It’s natural to be concerned about your health insurance after a workers’ comp settlement. The skilled attorneys at Younce, Vtipil, Baznik & Banks, P.A. are well-equipped to handle your workers’ comp claim. You can trust us to be with you every step of the way to answer all your questions.

In a workers’ compensation case, the employer’s workers’ comp insurance covers the medical treatment you need related to your workplace injury. However, it is crucial to maintain your regular health insurance to cover any unrelated medical expenses and protect your spouse or children if they are on your plan. If you have questions about this or are uncertain about continuing your coverage, we can help.

Our attorneys want to help you pursue all the benefits you are entitled to in your workers’ comp case and ensure you maintain your health insurance coverage during the process. We understand that it can be confusing, especially when you must focus on recovering from your workplace injury and returning to work. Your attorney will handle all communications with the workers’ comp insurer, thoroughly investigate your claim, and respond to any challenges to your benefits by your employer or its insurer.

With an attorney from Younce, Vtipil, Baznik & Banks, P.A. on your side, you can expect to receive the hands-on treatment you need and the personal attention you deserve for your workers’ comp claim. With over 90 years of combined legal experience, we tirelessly pursue what you are owed and protect your rights. Although past outcomes do not guarantee future success, we are proud of our case results. For example, in Frederici v. Skansa, we secured medical benefits and ongoing wage benefits for an employee who was initially denied benefits for leg and knee injuries after a workplace auto collision.

Previous clients of the firm speak highly of the services they received, such as this one:

“Excellent communication and was very effective in analyzing the situation and working diligently to resolve the issues. I was very pleased with the professionalism and expertise of the staff and highly recommend them.” – Theodocia Shabazz

Younce Vtipil Baznik & Banks personal injury law team

Get in Touch with Our North Carolina Workers’ Compensation Attorneys Today

Our firm uses a state-of-the-art case tracking system and offers our clients the benefit of having fluent English and Spanish-speaking staff members. Two of our attorneys, David Vtipil and Chip Younce, are Board-Certified Specialists in Workers’ Compensation Law. Mr. Vtipil has been named among the nation’s Top 100 Injured Workers’ Attorneys and has been selected for inclusion in The Best Lawyers in America in the field of Workers’ Compensation Law. Attorneys Joe Baznik and Ross Weatherspoon also spend most of their practice time representing clients in workers’ compensation cases. Both Joe and Ross are fluent in English and Spanish.

We are dedicated to helping you with your workers’ comp matter. If you’re worried you’ll lose health insurance or have other questions, contact us at 919-661-9000 or online to get started with a free consultation.

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