Is a small business (under 10 employees) require to pay for the medical insurance for an employee who was injured during no working hours and unable to return to work?

Our company had an employee get into an accident on their way home from work. We are being told we have to pay for his health insurance any were from 6 months to 1 year. Our company pay 100% for its employees medical insurance. This employee should be out any where from 3 month to a year.

Asked on July 30, 2015 under Employment Labor Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Who "told" you that you have to pay for her medical insurance when she was not injured on the job? If the employee was injured "on their way home from work," you are NOT liable or responsible for her injury, unless she was injured due to some fault of your company (e.g. she was driving a company-provided car, and got into an accident because you didn't perform maintenance on it and the brakes failed). Otherwise, an employer is not liable for what happens to an employee when she is commuting to work or home after work. 

Based on what you write, you would only have to pay for her insurance if you had a written employment contract with her requiring you to do so in this case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.