What canI do if my employer is not paying my health insurance?

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What canI do if my employer is not paying my health insurance?

My employer, a small corporation, has paid my entire health insurance bill for me and my children for the 8 years that I have worked for it. However, without notice it stopped paying. Yet, I am still an employee. Can I sue them for unpaid medical bills amassed since it stopped paying for my insurance? Can I sue them for the value of the insurance they aren’t paying? Finally, can I do it in small claims court?

Asked on February 26, 2011 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the company stopped paying the plan in the middle of the plan year--i.e. not at renewal time--you may well grounds to sue them to force them to reinstate it or buy new insurance for you; it would be breach of a contract (the health policy) of which you are a third party beneficiary. You could also sue them, under the same theory, for medical bills you incurred.

However, if when the plan was up for renewal (i.e. the most recent policy year had ended) they declined to provide coverage for you, then you would most likely *not* have a legal claim unless you have a contract with your employer under which they are obligated to provide health insurance. Otherwise, an employer is free to not provide health insurance to its employees; the law does not force them to do this.


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