What to do if a co-worker signed up for company benefits in January of this year and she injured herself but just found out she was never enrolled in the plan?
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What to do if a co-worker signed up for company benefits in January of this year and she injured herself but just found out she was never enrolled in the plan?
Since then her insurance contribution had been deducted from her bi-weekly paychecks. Does she have legal precedence to recover those wages that were deducted from her pay for this insurance contribution?
Asked on July 19, 2014 under Employment Labor Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
An employee who finds out that their employer failed to provide them with health insurance after the employee paid their portion of premiums will certainly have a case against their employer. The employee can sue for damages in the amount of the premiums and will be entitled to additional damages if they attempted to file a claim with their insurance company while they believed they were receiving coverage but were denied. These additional damages can include the cost of the procedure(s) and other losses, as well as possible punitive penalties. Further, an employer who falsely tells their employee that it is providing coverage in exchange for the payment of premiums is committing fraud (taking money under false pretenses). In such a case, the employer could face a fine and/or jail time if found guilty of this offense.
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