What are my rights if my employer failed to paid my medical insurance premiums?

UPDATED: Oct 2, 2022

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What are my rights if my employer failed to paid my medical insurance premiums?

My employer failed to pay my medical insurance and now I have thousands of dollars in medical bills. Every time I would go to them to ask the status they will tell me that it was the medical plan’s mistake but when I called the insurance they told me that a payment was never made. Also, my employer access my computer while I was out of town and erase personal files including my medical bills. Is there anything that I can do about this?

Asked on August 28, 2019 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Between the employer and the insurer, one of them is at fault: either (as is likely, based on what you write) the employer failed to pay the premiums, or (less likely but not impossible) the insurer failed to apply the premiums to your account. Since by definition, at least one of those two is at fault, you sue both of them in a single lawsuit for that amount of your medical bills which should have been covered by insurance: let them fight it out in court to prove which was resonsible or at fault, since ultimately, you do not care--you simply want someone to pay.

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