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| *Ostroff, Fair and Company>>>Law & Legal |
Can a employee of a IT Consulting co take legal action against employer for negligence in providing insurance? |
My friend is working for a Consulting company as a Consultant. For the health insurance coverage the arrangement was employer contributes half of the total premium and remaining half is deducted from my pay check.Last month when he requested his employer to add himself and my wife to the company insurance policy, they said they will add it effective from August 1. Subsequently, when they had to visit a doctor because of some medical condition,he called up the Insurance company to check my insurance Id card since he hasn't received them till date and to ask for any Id or the number for the medical visit and to his surprise they said his policy was not active.Then he contacted the company Aug 22 (by email) and again on Aug 23(by calling and left voice mails since they don't pick up the phone) and inquired about this saying that they had emailed him saying that his family is on the company insurance starting Aug1st. There is no response. Is there any legal course to take against employer? Are you sure your "friend" is an employee of this consulting company or is he classified as an independent contractor? What does the employee handbook say or did your "friend" sign a consulting agreement, which specifies what services are provided? Many consultants are not provided health insurance as part of the agreement, unless previously negotiated. Your friend will either (1) need to read the employee handbook [assuming the friend is actually an employee] or (2) read the consulting agreement. Perhaps the problem is your friend is trying to add YOUR wife to his health plan? And why are they checking YOUR insurance ID card for HIS doctor's visit? So, this is really about you, not someone else, right? Anyway, it's highly unlikely that there's legal action you can take here against your employer, unless you can PROVE negligence on their part. Do you have some written proof that they agreed to add your wife to your plan? Most employers only offer one window a year, during Open Enrollment, to make changes to a health plan unless some Major Event (ie. getting married, having a child) changes the situation enough to warrant immediate change. I would go to your benefits coordinator first, and talk with them in person to work this out. Don't call the insurance company, call the consulting firm. But yes, you need to meed with them in person if they don't answer phones. You need to be able to prove you made every reasonable effort to resolve this issue. Then, you still can't sue them, because you need to prove damages. What monetary or emotional damage has occurred from your inability of your wife to see a doctor under the health plan? You'll have to be able to prove it. If none, you have no real case. If you're an employee, then you have a boss. Call your boss and explain the situation, let your boss take charge of the situation if they're willing. If not, go over your boss' head to their boss, and keep taking it up the line until someone responds. Good luck |
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