Thursday, January 6, 2011

Can I sue an employer for failing to provide health insurance when I pay for it out of my paycheck?

I pay for half my health coverage as a deduction from my paycheck while my employer pays the other half. My employer was changing health insurance providers from Pacific Care to Blue Cross at the end of the year. We were supposed to be covered by Blue Cross on January 1st, but when I broke my leg on January 7th, the hospital said I was not covered by Blue Cross and I had to pay for the ER visit out of my own pocket. The ER just splinted my leg and said to see an Orthopedic specialist. It took me a week of phone calls, fighting with my employer and their insurance broker before they decided to continue with the Pacific Care coverage until February 1st so that I could finally see a doctor. In that time, my break moved from centimeters to an inch and a half and then I had to have surgery to pin it back together. My doctor said the original xrays looked like I wouldn't need surgery, but by the time I saw someone, I had to have surgery. Now I found out I have to have a second surgery.
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Talk to an attorney! You could end up winning the battle but losing the war if you sue your employer. You might want to talk to your employer about which INSURANCE COMPANY you should sue. .
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