Do I have cause to sue my employer for medical expenses if they failed to pay their share of my health insurance premiums?
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Do I have cause to sue my employer for medical expenses if they failed to pay their share of my health insurance premiums?
My employer was responsible for paying half of my health insurance. They
failed to pay on time causing my insurance to lapse. I did not find out until I was in the hospital giving birth.
Asked on February 9, 2017 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you do have cause to sue. The employer violated its agreement with you--the agreement (whether written, oral, or a mix of both) under which you worked in exchange for certain compensation or benefits, including health insurance. It also negligently, or through unreasonable carelessness (in not paying on time) caused you to lose money or incur costs. Both of these reasons provide grounds to sue to get your employer to pay the amounts which should have been paid by your insurance. However, in the meantime, pay the doctors, etc., if you can, or see if you can enter into a payment plan: YOU are legally responsible to pay the doctors, hospitals, etc. who provide your health care, even if you have a viable claim against your employer for reimbursement. You can be sued if you don't pay, and if you are, you will lose.
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