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Employee Benefit Plans

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The law does not specifically address whether or not the employer must continue to pay for the employee’s benefits (for example, health insurance) when the employee is on worker’s compensation. So, since the law is not specific, should the employer decide to stop paying for these fringe benefits, the employer may be required to add the amounts paid for these benefits to the employee’s average weekly wage calculations when determining his or her disability pay.

On the other hand, if you have a collective bargaining agreement, that agreement may require your employer to continue to offer these benefits when you are on worker’s compensation. Similarly, if you are out on a FMLA leave, your employee benefits may be protected as well.

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