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Health Insurance and Workers' Compensation
I was injured in the WTC disaster and cannot return to work. Can I continue my health insurance?
Almost every employer in New York is required to offer employees the ability to continue their medical coverage at their own cost for up to 18 months. This coverage is referred to as COBRA coverage. You must make an election to continue the coverage within 60 days after the date your coverage terminates as a result of your termination of employment. If you are disabled, you may have the ability to continue your coverage for up to 29 months.
Can my family members keep their health insurance coverage?
Your dependents, who were covered by the plan, can also elect COBRA coverage, if available, at their own cost. Their maximum coverage period will be either 18 or 29 months depending on whether or not you are disabled for Social Security purposes.
Am I entitled to other benefits if I was working at the time I was injured?
You may be able to make a claim under workers' compensation for your
injuries and lost wages if you were working at the time you were injured.
You should contact your employer to discuss this coverage. The NY State
Workers' Compensation Board has established a web page on its site to
assist victims and their families, at www.wcb.state.ny.us/design/framework/emergencyinfo.htm.
The web page provides basic information regarding workers' compensation
rights, programs and services and provides relevant Board forms and instructions
as they pertain to work-related deaths
and injuries.
I am not eligible for worker's compensation. Are there other benefits available to me?
If you were not on the job at the time you were injured, you may be entitled to short-term or long-term disability insurance payments. Check with your employer and personal insurance agent to find out what coverage you have. Your employer may also provide benefits for very specific injuries such as loss of a limb under an accidental death or dismemberment policy. If you have been injured you should inquire about this coverage as well.
My deceased spouse's employer provided group health plan coverage for the family. Can we continue our coverage?
Almost every employer in New York is required to offer each covered dependent who loses coverage as a result of the death of a covered employee the right to elect COBRA coverage. The election must be made within 60 days after the day coverage will terminate. Generally, COBRA coverage can continue for up to 36 months for family members of a deceased worker. Each dependent is required to make an election to continue coverage. Please contact the employer for the appropriate election forms.
You may also be entitled to Social Security disability benefits. Social Security Administration representatives are available, from 7 a.m. to 7 p.m. Monday through Friday at their toll-free number (800) 772-1213. You may also visit the Social Security Administration web site, www.ssa.gov. For more information, see the Social Security Section in this Handbook.
What other benefits may I be entitled to?
You should check with the employer to find out whether the employer provided benefits such as accidental death and dismemberment insurance or travel/accident insurance. These plans pay benefits to a beneficiary designated by the employee similar to life insurance. Most insurers will waive the requirement of a death certificate for these policies. In addition many employers are voluntarily continuing health coverage for family members at the employer's cost for a limited period of time. This information may be posted on the employer's website.
You may also be entitled to Social Security disability benefits. Social Security Administration representatives are available, from 7am to 7pm Monday through Friday at their toll-free number 1-800-772-1213. You may also visit the Social Security Administration Web site, www.ssa.gov. For more information, see the Social Security information included in this handbook.
What is the New York State Workers' Compensation Death and Funeral Benefit?
When an individual dies while at work, his or her spouse and/or minor children (or other dependents as defined by law) may be entitled to weekly cash payments equal to two-thirds of the deceased's average weekly wage for the past year, up to a maximum of $400 per week.
If there are no surviving children, spouse, grandchildren, grandparents, brothers or sisters entitled to compensation, the surviving parents or the estate of the deceased worker may be entitled to a $50,000 payment. Funeral expenses may also be paid, up to $6,000 in Metropolitan New York counties and up to $5,000 in all other counties.
You can contact the NY State Workers' Compensation Board at (800) 580-6665,
(800) 697-4878, or (800) 877-1373 or on the web at
www.wcb.state.ny.us/content/main/onthejob/wc03005.htm.
