Who Pays for Your Health Insurance While on Workers’ Compensation?
Who pays your health insurance while you’re on workers’ compensation depends on your situation. For instance, if the insurer automatically deducted premiums from your paycheck, you could use the payment for your lost income to maintain your coverage. Your insurance company could have different options that a representative can explain. You shouldn’t face being uninsured after suffering an illness or injury at work. Instead, you can partner with a workers’ compensation lawyer from our firm serving California. KJT Law Group offers relentless advocacy for people in your situation. We can explain your legal options today during a complimentary case review.
What to Know About Maintaining Health Insurance While on Workers’ Comp
Ideally, the liable insurer will approve your claim, and you can receive compensation for your medical bills and a portion of your lost income. Yet, you may rely on your health insurance for needs unrelated to your job-related illness or injury. For instance, if you have diabetes, you may rely on coverage to buy insulin. However, not all situations are straightforward. Here’s what to know if you’re dealing with the aftermath of an on-the-job injury and have concerns about your health insurance coverage:
Health Insurance Is Not a Workers’ Compensation Benefit
There are specific benefits that employees can seek after they file a workers’ compensation claim. Health insurance is not one of these benefits.
The benefits are:
- Compensation for the medical care for the job-related injury
- Two-thirds of your average weekly wages
- Temporary disability benefits
- Permanent disability benefits
- Supplemental job displacement benefits
If you lost a loved one to a job-related incident, you could also get death benefits. This would offer some coverage for burial expenses and other damages.
You Could Seek Full Coverage Through a Personal Injury Claim
If a third party caused your work-related injury, you could seek compensation through a personal injury case in addition to workers’ compensation benefits. Consider this scenario to understand more. You were working on a California construction site when a faulty power tool backfired and caused serious burns.
In that instance:
- You could file a workers’ compensation claim because you were injured while performing job-related tasks.
- You could also file a personal injury claim or lawsuit against the product’s manufacturer, a separate matter from your workers’ compensation case.
Through a personal injury case, you could seek the full cost of your damages, including health insurance premiums. You can discuss your legal options with an attorney in your area.
Can My Employer Discontinue My Health Insurance Coverage?
Whether your employer can discontinue your insurance coverage mainly depends on the company’s size. Big businesses generally cannot cancel your health insurance coverage. However, if you work for a small business, it could legally stop your coverage.
You have protections in California against retaliation. For example, your employer cannot discontinue your coverage because you filed a workers’ compensation claim. If you’re worried about this happening, this is yet another reason to consider partnering with a lawyer.
Our team can handle your personal injury and workers’ compensation claims. We can also protect your rights throughout the legal process, preventing your employer from complicating matters further.
What to Know About Seeking a Workers’ Compensation Attorney
You have legal options after suffering an on-the-job injury, and one of those options involves working with a lawyer. Your attorney can:
File Your Workers’ Compensation Claim
Filing a workers’ compensation claim comes with a lot of red tape and legalese. Even making a small error on your application could invalidate your entire claim. A lawyer from our firm can manage your case’s paperwork and ensure everything gets filed correctly.
Gather Supporting Evidence
Even though workers’ compensation is a no-fault system, the insurer may still want evidence of your accident, injuries, and losses. Your lawyer can find and use the following information to substantiate your case:
- The accident report
- Witness testimony
- Surveillance footage
- Photos of your injuries and the accident scene
- Maintenance records
- Information about what treatment you received
- Information from your doctor
- Testimony from a relevant field consultant
Our aim is to show that while completing a work-related task, you suffered injuries and deserve compensation. As noted, we do not need to prove negligence. We only need to prove that your job caused you to suffer an adverse health condition.
Combat Allegations of Wrongdoing or Horseplay
The insurer may question or deny your claim if it suspects that you:
- Suffered injuries while under the influence of drugs or alcohol
- Engaged in horseplay and caused your injuries
- Were not engaged in a work-related task when the accident happened
- Lied about the severity of your condition
As noted, your lawyer can use the evidence they find to corroborate your story and present a solid case.
Negotiate a Settlement
The insurer may accept your claim but not offer a fair settlement. In that instance, you can count on your lawyer to negotiate a better deal. This may involve presenting additional evidence, reviewing the details of your injury, and combating allegations of fault.
Guide You Through the Legal Process
Your case may have many complicated facets. In the aftermath of a serious injury, you deserve a friend and advocate. Your lawyer can explain the legal process, what comes next for your claim, and what you can recover.
Begin Your Free Case Review With KJT Law Group
When you suffer a work-related injury, the last thing you want to lose is your health insurance coverage. You may have concerns about continuing to make these payments or worry about your employer revoking your insurance. Our law firm is committed to ensuring that our clients get the care they need when they suffer an on-the-job injury. If you are worried about retaining health insurance while you are on workers’ compensation, then we can help you. Call KJT Law Group today Contact at (818) 507-8525 to learn more about health insurance payments and your legal matters.