Employers work comp rights

[deetwo2000]

As an employer, we aren't sure what our rights are concerning workers comp. We have had an employee out since May of 2006 on workers comp. We have continued to pay his health insurance benefits in full since his first claim, which we normally don't pay for any of our employees. This employee of ours is collecting work comp insurance checks on a regular basis now. Are we still responsible for paying his health benefits or can we can give him the option of him paying it or it being canceled. Our own workers comp insurance people aren't much help at all with this. Every one keeps telling me to get a lawyer but unfortunately, we are a small company that can not afford to hire an expensive attorney. I would appreciate any advice you could give. Thank you.

 

[seniorjudge]

As an employer, we aren't sure what our rights are concerning workers comp. We have had an employee out since May of 2006 on workers comp. We have continued to pay his health insurance benefits in full since his first claim, which we normally don't pay for any of our employees. This employee of ours is collecting work comp insurance checks on a regular basis now. Are we still responsible for paying his health benefits or can we can give him the option of him paying it or it being canceled. Our own workers comp insurance people aren't much help at all with this. Every one keeps telling me to get a lawyer but unfortunately, we are a small company that can not afford to hire an expensive attorney. I would appreciate any advice you could give. Thank you.

What state are you in?

 

[deetwo2000]

Sorry. We are in Massachusetts

 

[cbg]

Since he has been out for longer than 12 weeks,which is the longest that you are legally required to hold anyone's job under either Federal or Massachusetts law, you may legally terminate his employment and offer him COBRA. (In MA, even employers who are too small for COBRA at the Federal level still have to offer continuation of health insurance coverage).

Keep in mind that MA law states that since his injury was work related, when he is medically cleared to work you MUST give him preference for any open positions you may have for which he is qualified. You do not need to create a new job for him or bump someone else out of their job to make room for him, but if you have any openings for which he is qualified, you have to give him first preference.