If a friend has had medical insurance payments deducted from her paycheck every month for the last 6 months but she just found out from the insurance company that she is not covered, what can she do?

When she called her employer, they “forgot” to sign her up and stated she has to wait another 6 months. Can they do that?

Asked on October 16, 2015 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The employer needs to personally foot any costs or claims that would have been paid by insurance during the period that your friends is uncovered due to employer negligence carelessness e.g. "forgetting" to sign her up even though she did her part signed up paid, via deductions, her premiums. If she incured costs that should have been covered by insurance and were not and the company refuses to pay, she could sue them for compensation. The company can lower its exposure by subsidizing her to buy private insurnace for the next few months.


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