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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 7 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption