Legal Question in Employment Law in California

Medical Insurance

My husband has paid almost $800 a month since Feb. 1 to have medical insurance for me and our three kids. I found out that none of us were covered when I took my daughter to the doctor and I had to pay cash because they said she was not covered. We contacted my husbands employer and after a couple of weeks of trying to fix the problem they finally said that we have insurance and we should receive our cards in 7-10 days. We asked for the money that we had paid to be refunded to us or a credit given to us and our insurance to be effective May 1. His employer told him they would not refund or credit the money and then made it effective Feb. 1. Can they just keep all our money for insurance we never had?


Asked on 5/07/09, 6:25 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Medical Insurance

No. The employer is obligated to provide what you paid for, or pay the med bills to the same extent the insurance would have. If they can't get the insurance company to honor and pay those bills, and the employer refuses to pay them, you could file legal action to recover them. If it is worth doing so, and you're serious about it, feel free to contact me.

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Answered on 5/08/09, 8:12 pm
Terry A. Nelson Nelson & Lawless

Re: Medical Insurance

No. The employer is obligated to provide what you paid for, or pay the med bills to the same extent the insurance would have. If they can't get the insurance company to honor and pay those bills, and the employer refuses to pay them, you could file legal action to recover then bills and the payments to the employer. If it is worth doing so, and you're serious about it, feel free to contact me.

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Answered on 5/08/09, 8:12 pm


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