Are My Children Covered Under My Workers’ Compensation Claim

Being out of work for an extended period of time due to an on-the-job injury is never easy. When your income is necessary to support minor dependent children, the situation can make you feel even more anxious. A common question that injured workers have is whether their children can receive payments from their workers’ compensation claim. While your children won’t receive payments made out to them directly, you are entitled to up to 66 2/3 percent of your weekly pay while you recover. The duration of your payments and the actual dollar amount depends on whether your injury is temporary or permanent and the disability rating assigned by your doctor.

If you pay child support for minor children, the state of Alabama considers your workers’ compensation legitimate income. It’s up to you to request to have the amount adjusted if you’re out of work indefinitely and can no longer afford to pay the same amount you did before your injury. However, you do not have to pay federal, state, or social security taxes from your weekly workers’ compensation check.

Continuing Your Health Insurance While You’re Out on Disability

Another concern you may have as an injured worker, who carries the health insurance for your family, is whether your employer will continue to pay its portion of your health insurance premium while you’re out on disability. Unfortunately, state law doesn’t specifically address your employer’s obligation for continuation of benefits while you’re out on extended leave recovering from an injury. That means your employer may drop your coverage.

If your employer drops you from its health insurance program, you can apply for COBRA for up to 18 months but you would have to pay the full premium yourself. If you have lost coverage and expect to recover and return to work in less than 12 weeks, you can apply for the Family Medical Leave Act (FMLA). This ensures that you retain the same level of coverage while you recover from your injury at home. The following qualifications apply to FMLA:

• Your employer must have 50 or more employees
• You must have at least 12 consecutive months of tenure

You may also worry about supporting your children if your employer fires you for making a workers’ compensation claim. All states forbid this practice, but some employers will falsely claim the firing was for other reasons. It’s important to keep this in mind and to immediately seek legal representation for wrongful termination if it happens to you.

Death Benefits Payable to Your Dependents

The one exception to your children and other dependents receiving direct payments from your workers’ compensation claim is if you die due to your injuries. Alabama state law allows payments to your legal spouse and minor children at a rate of 66 2/3 percent of your average weekly wage for up to 500 weeks. Like other forms of workers’ compensation, the death benefit is subject to a weekly minimum and maximum, which was $229 and $832 as of July 1, 2016. Employers must also pay burial expenses up to $6,500.

Paying death benefits to your surviving family members isn’t always as straightforward as it seems. Employers may argue that stepchildren, foster children, or adult family members financially dependent on your income should not receive benefits. If a conflict arises, surviving family members also have the right to seek and obtain legal representation.

When You Need an Experienced Workers’ Compensation Law Firm on Your Side

Whether you’re having difficulty supporting your children on the payments your employer says you’re entitled to or you have another problem with your workers’ compensation case, we’re here to help. Our experienced workers’ compensation Attorneys stand ready to assist you with your workers’ compensation issue.  Please contact the Birmingham, Alabama law office of Burge & Burge, PC at (205) 545-8291 to request a free legal consultation today.