Employer Provided Group Health Insurance/Fringe Benefits

In many cases where an injured worker has been off work due to an injury for a number of months, the employer will terminate the employee’s group health/life benefits. Under Federal law (ERISA), the employer must give the employee notice that their group benefits are going to be terminated and give the employee the opportunity to a monthly amount of money to keep these benefits current. This benefit is called the COBRA benefits. You will be given 60 days to decide whether to elect to continue your group benefits under COBRA. If you do not elect within 60 days or fail to make the required monthly payments, your group benefits will be terminated.

If the employer has terminated your group health benefits, but never gave you the notice of termination and the opportunity to continue coverage under COBRA as outlined above, please contact this office immediately and we will refer you to another lawyer who handles these matters.

Group health and other fringe benefits are governed by Federal law. The Workers’ Compensation Appeals Board has no jurisdiction over these issues. The workers’ compensation insurance company will not reimburse you for COBRA payments. If you are unable to afford to keep your COBRA benefits in effect and current, you will loose your group benefits. There is nothing this office or the Workers’ Compensation Appeals Board can do to protect these group benefits.

It is an unfortunate reality that a work injury often results in the loss of employer provided health benefits for the injured workers’ entire family if they are unable to pay the monthly COBRA payment.