Are Employers Required to Continue Health Benefits?



My husband fell at work and cannot return to work until 100 percent. He makes 19.50 an hour. What is the percentage that workman’s comp will pay for missed work? Is his employer required to pay the same percentage of our family medical insurance while he is out of work?


The Illinois Workers’ Compensation Act entitles an injured employee to three basic rights:  (1) weekly compensation benefits during the period of temporary total disability from work, payable at two-thirds of the average weekly wage, subject to minimum and maximum compensation rates; (2) payment for reasonable and necessary medical care relating to the injury; and (3) compensation for permanent disability, if any, resulting from the injury.
The Workers’ Compensation Act does not require the employer to continue paying insurance premiums or other employee benefits.  However, sometime those obligations are created by contract under a union collective bargaining agreement, company handbook or other written instrument that might be construed as a contract of employment.