Staten Island, NY asked in Workers' Compensation for New York

Q: Insurance while on workmen’s comp

My wife has a medical insurance thru her job that covers all the members of our family. If she is currently on workmen’s comp due to her work related injury, do the rest of our family continue to have medical coverage? Or does it stops while she is on workmen’s comp? Thanks in advance

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1 Lawyer Answer

A: She should check with her workers' comp attorney and your family's private insurance carrier to be certain, but your question remains open for almost a week. Under normal circumstances, your family's private insurance coverage should not be suspended as a result of a workers' comp claim. Someone may have told her something where the private insurance will stop paying for medical treatment if they determine that the ensuing injury arose within the course of employment because they would want the WC carrier to handle the claim, but that's something else. Your family's private insurance should not lapse in coverage - it should be separate and unrelated, but just to be on the safe side with the limited facts here, it would be advisable to be certain by checking with her WC attorney or your family's private insurance. Good luck to your wife for a healthy recovery from her injury.

Tim Akpinar

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