Legal Question in Workers Comp in Pennsylvania

Payment of health care benifts while on workers' comp.

While on leave on workers' comp.,I am still required to pay out the weekly amount as if I were still working. I am a single mom and must pay out $75/week to maintain my health benifts. This becomes a very large amount due when not being able to work. I will be aout for several months.


Asked on 5/04/98, 4:33 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Health care contrib while on comp

That sounds like an awfully high employee contribution for health insurance. Did you pay that much while working, or are they asking to you to pay the entire premium while you're out?

Unfortunately, as far as the workers' comp law goes, while an employee is disabled from an injury, the company is obligated to pay medical expenses and weekly comp (at 2/3 of average wages) but has no obligation to maintain fringe benefits. There may be some other basis for you to get some relief on that score, and maybe it's worth examining how they figured your weekly wages (it should be gross, before any taxes or other deductions).

Maybe there's a contract, or leave policy, or some other provision which would help.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 5/22/98, 8:26 am


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