In a work related accident will employer cover the bills even if they do not offer medical benefits
Full Question:
Answer:
Generally, an employer isn't required to provide health benefits in NY unless required to do so by an employment contract or collective bargaininig agreement with a union. If health benefits are provided to certain employees, there are federal laws prohibiting exclusion of other employees based on discrimination (such as age, sex, race, religion, national origin) or a pre-existing condition.
Most private sector health plans are covered by the Employee Retirement Income Security Act (ERISA). Among other things, ERISA provides protections for participants and beneficiaries in employee benefit plans (participant rights), including providing access to plan information. Also, those individuals who manage plans (and other fiduciaries) must meet certain standards of conduct under the fiduciary responsibilities specified in the law.
ERISA is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans.
ERISA requires plans to provide participants with plan information including important information about plan features and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; and gives participants the right to sue for benefits and breaches of fiduciary duty.
In general, ERISA does not cover group health plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment, or disability laws. ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.
ERISA does not require any employer to establish a plan. It only requires that those who establish plans must meet certain minimum standards. There are certain benefits, called excepted benefits, which may not be subject to certain requirements of ERISA.
There are several types of excepted benefits that arenot considered health coverage, such as:
- Accident Only
- Disability Income Insurance
- Workers’ Compensation
