Will I Still Receive Health Insurance and Benefits While Out of Work?

Many companies offer health insurance to their employees or pay for the majority of the premiums of it. This is an excellent practice, however this agreement comes into question when an employee is forced to miss time off work due to a worker’s compensation case or other medical leave reason. Ultimately, the question is raised as to whether or not you, as an injured or sick worker, are still able to receive health insurance and related benefits from an employer while on leave.

The answer to this largely depends on the circumstances, but in general, yes, you are able to receive both at the same time. This is only the case however you are also eligible for benefits from the Family and Medical Leave Act (FMLA) or an equivalent state program. Under this law, a person on medical leave, for workplace injuries or any other malady, is allowed to take time off while still receiving benefits from the employer, including health insurance.

On the other hand, if you are not eligible for FMLA or an equivalent state program, then you may or may not still be able to receive health insurance from your employer. This is primarily because FMLA supersedes the lack of working hours and if it is not present, you are working an insufficient amount of hours to legally be required to be offered insurance.

This does sometimes depend however on the exact requirements of your company and the insurance programs that they use. When in doubt, it is always best to speak with an attorney to help you win the most amount of benefits possible so that you can maintain a higher quality of life. To learn how we at the Franco Law Firm can assist you in your worker’s compensation or any legal case, please call us at (813) 872-0929.