Do I have cause to sue my employer for medical expenses if they failed to pay their share of my health insurance premiums?

UPDATED: Sep 30, 2022

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Do I have cause to sue my employer for medical expenses if they failed to pay their share of my health insurance premiums?

My employer was responsible for paying half of my health insurance. They

failed to pay on time causing my insurance to lapse. I did not find out until I was in the hospital giving birth.

Asked on February 9, 2017 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you do have cause to sue. The employer violated its agreement with you--the agreement (whether written, oral, or a mix of both) under which you worked in exchange for certain compensation or benefits, including health insurance. It also negligently, or through unreasonable carelessness (in not paying on time) caused you to lose money or incur costs. Both of these reasons provide grounds to sue to get your employer to pay the amounts which should have been paid by your insurance. However, in the meantime, pay the doctors, etc., if you can, or see if you can enter into a payment plan: YOU are legally responsible to pay the doctors, hospitals, etc. who provide your health care, even if you have a viable claim against your employer for reimbursement. You can be sued if you don't pay, and if you are, you will lose.

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 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.

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