Who Pays Your Health Insurance While on Workers’ Compensation?

When an employee is injured at work and eligible for workers compensation, the question of who pays for health insurance often arises. Generally, workers' compensation covers medical expenses related to the injury but not the employee's health insurance premiums. The responsibility of paying health insurance premiums remains with the employer, provided the employee continues to be covered under the employer's health insurance plan.

1. Employer's Obligation:

Continued Coverage: If you remain an employee, your employer typically must continue your health insurance, provided you pay your share of the premiums.

Payment of Premiums: Workers' compensation does not cover your regular health insurance premiums, so you need to make arrangements with your employer to pay your part.

2. Continuation of Coverage:

FMLA: If your injury qualifies under FMLA, your employer must maintain your health insurance for up to 12 weeks, with you paying your usual share of premiums.

State Laws and Company Policies: Additional protections may exist based on state laws and employer policies.

3. Loss of Employment:

COBRA: If you lose your job, you can continue health insurance under COBRA, but you must pay the full premium.

Other Options: Explore Health Insurance Marketplace plans for possible subsidies or apply for Medicaid if eligible.

4. Communication:

Keep in touch with your employer and health insurance provider to ensure continuous coverage and understand your payment responsibilities.

What Happens to My Health Insurance if I Go Out of Work While on Workers' Compensation?

Suppose you cannot work due to a workplace injury and receive workers' compensation benefits. In that case, your health insurance coverage should continue as long as you are still considered an employee. However, you might be required to continue paying your portion of the health insurance premiums. Communicating with your employer and health insurance provider is crucial to understanding your obligations and ensuring continuous coverage.

What Happens to My Health Insurance if I'm Terminated After Filing for Workers' Compensation?

Being terminated after filing for workers' compensation can complicate your health insurance situation. If you lose your job, your employer can no longer pay your health insurance premiums. However, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), you may be eligible to continue your health insurance coverage by paying the full premium. COBRA provides a temporary extension of health insurance benefits at group rates for a limited period.

Who Pays My Health Insurance While I Am Out on Workers' Compensation?

While on workers' compensation, your employer is generally expected to maintain your health insurance coverage, assuming you are still an employee. You will likely need to pay your usual share of the premiums. If the employer does not maintain the coverage, you may have options under COBRA to continue your health insurance.

Can I Continue Health Insurance Coverage if an Injury Keeps Me Out of Work?

You can continue health insurance coverage even if an injury keeps you out of work. Besides COBRA, some states offer additional protections and programs to ensure employees can maintain their health insurance during extended absences. It's important to explore all available options and consult a legal or human resources expert to secure health coverage.

How the Family and Medical Leave Act (FMLA) Can Protect You?

The Family and Medical Leave Act (FMLA) is a federal law designed to help employees balance work and family responsibilities by allowing them to take unpaid, job-protected leave for specific family and medical reasons. Here's how FMLA can protect you:

Overview of FMLA

Eligibility: Employees are eligible if they have worked for their employer for at least 12 months, have at least 1,250 hours of service in the previous 12 months, and work at a location where the company employs 50 or more employees within 75 miles.

Coverage: The FMLA provides up to 12 weeks of unpaid leave per year for:

  • The birth and care of a newborn child.
  • Adoption or foster care placement of a child.
  • Caring for an immediate family member (spouse, child, or parent) with a serious health condition.
  • A serious health condition that makes the employee unable to perform their job.

FMLA Protections

Job Protection: Employees are entitled to return to their same or an equivalent job at the end of their FMLA leave.

Health Insurance Continuation: During FMLA leave, employers must maintain the employee's group health insurance coverage under the same terms as if the employee had continued to work.

Protection Against Retaliation: Employers are prohibited from retaliating against employees for taking FMLA leave. It includes actions such as firing, demotion, or discrimination.

How can the FMLA Help with workers' compensation?

Health Insurance Coverage: If your workplace injury qualifies under FMLA, your employer must continue your health insurance coverage for up to 12 weeks while on leave, provided you continue to pay your share of the premiums.

Job Security: FMLA ensures that your job or an equivalent position is protected while recovering from injury.

Can My Employer Fire Me for Filing a Workers' Compensation Claim?

It is illegal for an employer to retaliate against an employee for filing a workers' compensation claim. Retaliation can include termination, demotion, or any form of discrimination. If you believe you have been fired for filing a workers' compensation claim, you may have grounds for a legal claim against your employer. Consult with an attorney specializing in employment law to explore your rights and options.

Who Will Pay for My Health Insurance If I Can't Work?

If you are unable to work and your employer ceases to pay for your health insurance, you have several options:

  • Cobra: Continue your current health insurance plan by paying the full premium.
  • Medicaid: If eligible, you can apply for Medicaid for more affordable health coverage.
  • Marketplace Insurance: You can purchase a plan through the Health Insurance Marketplace, with subsidies to reduce costs.


Understanding the intersection of workers' compensation and health insurance is crucial for employees facing work-related injuries. You can better navigate these challenges by knowing your rights and the protections available under laws like FMLA and COBRA. Always communicate with your employer and insurance provider to ensure your coverage remains intact, and seek professional advice if necessary.

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