Legal Question in Employment Law in New Jersey
Health Insurance cover
I have been staying in the US for last 6 months and I was provided health insurance from my employer in India before sending me here. Last week when I needed medical care I called up the health insurance company and they said that I'm not regestered with them. I have been paying insurance premium everymonth from my salary. More over its serious because I'm in US without health Insurance. I called my company back in India and they say that the insurance will be activated in next 48 hours which means they never registered me and had been deducting money from my salary. How can I go ahead with the claims against the company? please advice.
1 Answer from Attorneys
Re: Health Insurance cover
The threshold question is whether or not this involves the laws of the United States or of India. From your description of the situation, it would seem that you are an Indian national employed by an Indian company to work in the United States. While there may be some grounds for enforcing U.S. and state labor laws, none of these require your employer to provide medical insurance. So, the issue is one of contract law and the dispute would be one that should be resolved by an Indian court.
The situation would change if you were working as an employee of a U.S. company or of a U.S. affiliate of an Indian company. In either of those cases, a commitment by the company to provide you with medical insurance coverage would be cognizable by U.S. courts.
See also: http://info.corbettlaw.net/lawguru.htm
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