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Can an Employer Discontinue Health Insurance Coverage Because of a New Jersey Workplace Injury?
If you have been temporarily disabled due to a job injury in New Jersey, you may be eligible for certain compensation by your employer’s insurance carrier. This compensation will pay for the costs of your medical treatment and a portion of your lost wages for missed time at work.
But what if an employer cancels a worker’s health care coverage because he is not able to work because of a job injury? Is this allowed?
New Jersey’s workers’ compensation laws do not outlaw this practice, but it may be a violation of the federal Family and Medical Leave Act, or FLMA. The FMLA was signed into law by President Bill Clinton in 1993. It mandates that injured employees must be given up to 12 weeks of unpaid leave and that during this time, their employers must provide the same benefits as when they were able to work.
The law also provides that upon the employee’s recovery and return to work, he must be restored to the same position or, if such a job is unavailable, a position that is substantially similar.
This law does not apply to employees at businesses with fewer than 50 employees or part-time employees who have worked less than 1,250 hours in the year before the injury.
If you have been injured on the job in New Jersey and are having trouble collecting worker’s compensation benefits, New Jersey workers’ compensation attorney Dan T. Matrafajlo may be able to help. Call (908) 248-4404 for a free evaluation.