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Can my employer stop my health plan and other benefits while I'm out of work due to an accident? |
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Apart from the anti-discrimination provisions of §75B, there are no explicit provisions under the Massachusetts Workers' Compensation law preventing employers from stopping all benefits while a worker is missing work due to a work-related accident. But, M.G.L. 175, §110D, states that in most cases coverage will continue for 31 days following a termination, and §110G requires most employers to offer continued coverage under the medical plan for additional 39 weeks (as long as the employee does not become eligible for another plan); the employee can be required to pay the entire (group rate) premium. Surviving spouses are also afforded the same coverage. Under applicable federal law (COBRA, Public Law 99-272), some employers are required to offer a continuation of whatever health plan the employee had prior to the termination or reduction in hours. This continuation period is usually 18 months; in some cases it is three years. During this continuation period an employer can charge the employee the group rate, plus two percent, for coverage. If you have any questions about what health care benefits, if any, your employer is required to offer you, contact your employer's Health Plan Administrator. If you can not afford the coverage offered by your employer, you should contact the Department of Medical Assistance, which may be able to offer some medical insurance benefits, or MassHealth, (617) 210-5000. Or visit the DMA Webpage. To get more information on the COBRA law, call (617) 565-9600.
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