Workers’ compensation covers medical care related to workplace injuries, but it does not cover general health insurance for the injured worker or their family. In fact, there are no Florida laws protecting your health insurance during this period. Under some circumstances, your employer could cancel your health insurance while you are out on a workers’ comp claim.
If you have concerns about your workers’ comp claim or are concerned your employer might be retaliating because of your workplace injury, an Orlando workers’ compensation lawyer can review the details of your case.
Health Insurance and Florida Workers’ Compensation Benefits
Under Florida Statutes Chapter 440, most Florida employers must provide workers’ compensation coverage for employees hurt on the job. Workers’ compensation benefits pay for medical care related to the workplace injury, about two-thirds of lost wages, and other benefits depending on the permanence of their injuries.
However, workers’ compensation does not pay for your work-provided health insurance policy. This is the coverage you might use for routine doctor visits, prescriptions, or injuries that occur outside of work. While this coverage is generally a part of your employment benefits, those benefits are not paid through the workers’ comp system.
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Florida Law Does Not Require Your Employer to Continue Your Health Insurance
There is no state law in Florida that requires employers to keep paying for an injured worker’s health insurance while they are on leave for a workplace injury. Whether your employer continues to pay for your health insurance policy depends primarily on the terms of the company’s group health plan and the company’s employment handbook.
Unless you have an employment contract or union protection that says otherwise, your employer may terminate your health insurance coverage if you are not actively working.
However, they cannot do this in retaliation for your workers’ compensation claim. Under Fla. Stat. § 440.205, employers cannot retaliate for your workers’ compensation claim in any way. This includes firing you, threatening to fire you, coercing you, intimidating you, or otherwise mistreating you because of your workplace injury and claim.
What About The Family and Medical Leave Act (FMLA)?
According to the U.S. Department of Labor, those who qualify for FMLA leave can continue with their group health care plan despite being out of work for an extended time. If your workplace injuries qualify you for FMLA leave, you may have additional protection for your benefits.
You May Still Have Options for Health Insurance Coverage
You likely still have options for health insurance coverage if your employer decides to terminate your health insurance coverage while you are on workers’ compensation benefits. Under federal law, the Consolidated Omnibus Budget Reconciliation Act (COBRA), you may be able to continue your health coverage temporarily. This law applies to employers with 20 or more workers and allows you to keep your group health coverage for up to 18 months after a qualifying event.
Under COBRA, you will pay the full cost of your premium. This can be a significant expense for someone who is out of work and receiving only about two-thirds of their usual pay. However, it will provide uninterrupted health insurance coverage. This could be a good option if you believe you can return to work soon or are pursuing other options for coverage.
You should receive a COBRA notice if your employer terminates your health insurance coverage. Your HR department or benefits administrator should also be able to provide you with more information.
What If I Lose My Health Care Coverage Because I Lose My Job?
Your employer cannot fire you for filing a workers’ compensation claim or suffering a workplace injury. This is one of the protections offered by the Florida Workers’ Compensation Act under Fla. Stat. § 440.205. However, they can terminate your job for almost any other reason or no reason at all.
They could also need to fill your position if you are unable to return following a significant period of treatment and healing.
If you lose your job, you will likely lose your job-based health insurance coverage, as well. This is a qualifying event for COBRA, or you will need to explore other options for coverage. This is also a qualifying event for purchasing health care coverage on the Health Insurance Marketplace.
What Should I Do If I Have Concerns About How My Employer Is Handling My Health Insurance?
Florida employers are not mandated to continue your health insurance while you receive workers’ compensation, unless you have a contract, their employee guidelines promise it, or federal laws like FMLA apply. If they do terminate your coverage, you may have the right to pay for it and continue the same policy under COBRA.
However, your employer cannot cancel your health insurance as a form of retaliation for filing a workers’ compensation claim. If you believe this happened to you, you should contact an Orlando employment law lawyer as soon as possible.
Navigating workers’ compensation claims, ensuring you get the benefits you deserve, and juggling other employment benefits are often frustrating and confusing. Our team understands how these systems work and can help you determine if your rights have been violated. We are happy to be the resource you turn to during this difficult and stressful time.
Our Central Florida Team Can Help With Your Workers’ Comp Claim
Whether you have a problem with a workers’ compensation claim or another employment law concern, our attorneys can help. We are a full-service firm practicing many types of law, including helping injured workers navigate this complicated process.
Bogin, Munns & Munns has been helping the injured in Central Florida since 1979. We have 11 offices conveniently located to assist you. You may not even need to leave your community to find one of our offices. Contact us today for a free consultation.
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