What are my rights if my medical insurance was cancled without my knowledgeand the premium was paid?

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What are my rights if my medical insurance was cancled without my knowledgeand the premium was paid?

I went into get my prescriptions today and I was told that my insurance was terminated as of 04/01. This is a hardship on me because I have multiple sclerosis and need my medications. Also, mygetting paid monthly is difficult. It is about every 35-37 days. I have to take my check to the bank it is drawn from to cash it because I am afraid that it will bounce. The owner also changes banks often.  I am not sure what to do. I have been looking for other employment on the side but have had no luck.

Asked on April 7, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should speak with an employment attorney. If you have paid your premium (whatever your employee portion was) and/or did the work for which you receive insurance as part of your compensation (e.g. if you don't have to pay any part of the premium) but the insurance is nonetheless cancelled, you may have a cause of action vs. your employer for cancelling it. In that event, you could force them to reinstate insurance and pick of any medical costs you incurred in the meantime. You may also have a cause of action for late paymentt of wages...in short, it would be worth taking the time to consult with an employment laywer, who can evaluate your situation, whether you do in fact have a claim on all the facts and circumstances, what the claim might be worth, etc. Good luck.


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