What to do if I have been paying for vision insurance but the insurance company says my policy has been cancelled for over2 years?
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What to do if I have been paying for vision insurance but the insurance company says my policy has been cancelled for over2 years?
This insurance is payroll deducted. What can I legally do? I would like to know where my money has been going since it’s not going to pay my insurance.
Asked on November 14, 2011 under Employment Labor Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your employer has a contractual obligation to remit your premiums to the insurer when you sign up for insurance and authorized the deductions from your paycheck. For violating this obligation, your employer is liable for any and all health costs which you may have incurred that should have been paid on your behalf (but weren't due to the unpaid premiums). Also, you are entitled to a reimbursement of all premiums that were deducted but not paid. There may also be further penalties for such an infraction as dictated by state statute.
If this act of non-payment is determined to have been deliberate versus an administrative oversight, then criminal penalties will attach.
At this point, you should consult directly with a criminal law attorney in your area and/or your state's department of labor. They can best advise as to your specific rights and remedies.
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