Legal Question in Employment Law in California

medical benefits

I was working with my employer for 3 years until they went out of business. Each check they took out money for my medical plan but i never used my medical benefits. Is there a way to collect the money?


Asked on 7/29/08, 2:19 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: medical benefits

You don't get that money back. If the employer was paying insurance premiums with the money it deducted from your check, you were paying for the coverage. The fact that you didn't use the insurance is irrelevant. Just as you would not ask your car insurance provider to return your money used to pay the premiums, if you never make a claim, you cannot get medical insurance back simply because you didn't make a claim.

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Answered on 7/29/08, 2:58 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: medical benefits

However, if they took the money and didn't pay the insurance premiums, you should be entitled to the money back.

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Answered on 7/29/08, 5:25 pm


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