Insurance fraud by emplyer?
i am out on comp herniated disc comp is paying have be paying for long and short term disability thru work for 3 yrs our company be bought out in parade and payments were still deduct from our checks weekly since they bought us out in convoy i called the insurance company and our policy be cancelled last april 1st for non return and because it was a group policy the individual policy holders be not notified but different company still deducted payments from our checks we thought we be covered no that i may need to use the disability i find out we are not coveredwhat can i do im afraid to exact a stink as i need my chore when i get better
Answers:
OK, two things. If your company be bought out, it's likely that there's a NEW disability shipper. You'll need to contact your HR department to find out that information.
If not, you've get bigger problems, as failing to remit insurance premiums is usually a precurser to bankruptcy - and you might not hold a job anyway. You should THEN contact your state department of labor, to record a complaint.
Also, this COULD just be "oops I forgot to join them" on the part of the employer. If it is, there's an insurance coverage that they might enjoy purchased, called "employment benefits liability" coverage. This would be a claim beneath that coverage. And if they DON'T have that coverage, in good health, then they should be offering to wage out of pocket, because it's a cut and dried lawsuit.
I'd hire a lawyer as a LAST resort, because liabilty is pretty clear here, and the legal representative will take 40% of any payout.
You enjoy to ask the management what is going on.. possibly they have changed insurance companies. Maybe they are trying to scam you. you will never know untill you ask.
I agree next to "Deep5223," your legal claim rests beside your employer. You and all your fellow workers should see an attorney right away.
However, I can conclusively state that this isn't insurance fraud; although the premiums were due to the insurer, they weren't stolen. But again, this doesn't penny-pinching your employer hasn't violated other laws, including its fiduciary responsibilities lower than ERISA. A court will probably force your employer to pay you what you would enjoy received from the insurer if the coverage was still surrounded by force, plus any applicable interest, attorney's fees and damages.
In the meantime, if your employer offers to discount the premiums to you, DO NOT UNDER ANY CIRCUMSTANCES CASH THE CHECK until you've spoken with an attorney. Cashing the check is the equivalent of accepting the reimbursement as an equitable settlement.
Definaztely find out what is going on. There is a small chance the company is self-insuring, but I would doubt it.
You requirement an attorney. If they were deduct premiums and not sending them to the insurance company, your claim is with them. First I would ask them what they did next to the premiums and if the answer is not satifactory, my next phone would be to an attorney.