What to do if I don’t have insurance due to a mistake on my employer’s part?

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What to do if I don’t have insurance due to a mistake on my employer’s part?

I enrolled in my company’s healthcare plan and my employer has been deducting money from my paycheck for several months. I was told by my HR department that I was covered, but when I never received an insurance card I called the insurance provider to inquire. The insurance company informed me that my social security number was linked to a different employee with my company. Luckily, I do not have any outstanding claims (so far) from when I was unknowingly uninsured, and my employer said they will reimburse what was wrongly deducted. However, my employer said that I cannot enroll in the health insurance plan for another several months. I am concerned about going any longer without health insurance. Do I have a case against my employer?

Asked on October 29, 2012 under Employment Labor Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have a case against the employer and the health care insurance company. You need to file a claim with the department of labor in your state and with the insurance department in your state for failing to meet the requirements required. These payments have tax consequences for you.  Further, you should have been covered. Every health insurance company and employer can have exceptions to non-open enrollment. One of these exceptions can often be the mistakes made by one or both companies. Do not drop this.  Continue to push and document your correspondences and communications with these entities.


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