Louisiana Workers Compensation Benefits & the Affordable Care Act

Injured workers collecting Louisiana Workers Compensation indemnity payments may find they are laid off by their employer of injury and, as a result, may lose their health insurance coverage. Now, with the Affordable Care Act, the injured worker receiving weekly or monthly indemnity payments may find he or she is eligible for Affordable Care Act subsidies, making health insurance, relatively speaking, more affordable.

The Affordable Care Act (“ACA”) calculates eligibility for subsidies based upon family income. Generally speaking, Louisiana Workers Compensation indemnity payments are not considered taxable income, therefore they would not be considered as income in the calculation for ACA subsidy eligibility. Also, the ACA has a Special Enrollment period https://www.healthcare.gov/coverage-outside-open-enrollment/special-enrollment-period/ for injured workers losing their job.

Alternatively, if the injured worker does not qualify for an ACA subsidy, he or she may want to see if his or her spouse, partner, or other family member, may be able to provide access to an affordable health insurance policy. Also, Medicaid may be an option http://new.dhh.louisiana.gov/index.cfm/subhome/1 as well as Medicare https://www.ssa.gov/planners/disability/dapproval4.html.

If you have questions about a work related injury, call me, a Louisiana workers’ compensation lawyer, at 866-558-9151, or submit your inquiry online. Please be advised that you may be facing important legal deadlines so don’t delay.


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