In Massachusetts, unfortunately, fringe benefits such as health insurance are not protected if an injured worker is out of work due to a work-related injury. In some situations, injured workers will receive health insurance termination notifications or a COBRA notice after being out of work for an extended period of time. This always causes great financial concern because an injured worker receiving weekly workers’ compensation benefits only receives a percentage of his or her average weekly wage. This is why injured workers should make sure they receive all the benefits they are eligible for.
There are certain labor provisions (i.e., Family Medical Leave Act – FMLA) that may keep your health insurance in place for a temporary period of time after suffering a disabling injury at work. Similarly, some employers may provisionally maintain health insurance benefits when a work is out for a work-related disability. However, under the workers' compensation laws in Massachusetts, there is no protection for your health insurance if you are out of work due to a work accident.
We understand that the workers' compensation laws and system in Massachusetts can be complex. The specific benefits and coverage may vary depending on the circumstances of the injury. That is why it is always advisable for injured workers to consult with a Massachusetts attorney specializing in workers' compensation for advice, information, and guidance.