Scan Medical Insurance

Medical insurance employer requirements. Is it the responsibility of the employer to provide waiver?

I began working for my current employer 14 months ago. After four months I approached the human resource director and questioned him on the medical insurance I was told I would receive upon hire. At that time I had received no enrollment forms or waivers. I was told that I was outside my ninety days and that i would have to wait for open enrollment, consequently leaving me uninsured. In August of this year I had a major heart attack resulting in a $30,000 bill. Was my employer negligent according to the law, in not delivering the appropriate enrollment information in a timely manor?

Public Comments

1. It's possible, depending upon what promises were put in writing. You can check with a lawyer.
2. If everyone else was given forms within their 90 day period, and they just FORGOT to give you forms, then yes. There is actually a coverage that employers can buy - employment benefits liability coverage - for when this type of situation crops up. Depending on your local laws, of course, your employer is probably going to be liable for what the insurance company WOULD have covered. Unfortunately, you will probably have to hire a lawyer to get anywhere with this.
3. When your employer signed up for insurance they were to provide a signed form from EVERY ELIGIBLE employee either taking or declining coverage. After 14 months I can assure you they've already gone back through open enrollment again as well and you were skipped over. I think you've got a case here. Call an attorney.