QUESTION
Do I have the right to sue my former employer for not offering me cobra?
Asked on Jan 08th, 2012 on Labor and Employment - Ohio
More details to this question:
I left an employer who has over 20 full-time employees. I had full health benefits while I was under their employment. I left on my own and in good standing. I was very concerned because I was taking a blood pressure medicine along with plavix because I had severe blockage in my right leg. I went under surgery and had the blockage removed an a stint put in to keep the blood flowing. Plavix is a blood thinner which is vey expensive even under a prescription plan. I was planning on using cobra but never received anything. I called them twice but never received or got anything. My wife and daughter were on the plan as well. Its been 6 months and still nothing. Its time for me to litigate the issue, I think. Do I even have a case, and what should I expect.
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
If your employer fails to inform you of your rights to continued group health insurance coverage and how to apply for them under COBRA, the employer violates COBRA and itself becomes your insurer!
Start sending the employer all of the bills that would have been covered by your group health insurance policy, but which have not been paid. Ask him to make the payments (or reimburse you for the otherwise covered payments you have made) promptly, and repeat your previous requests for COBRA insurance application information.
You have the right to sue the employer for failing to provide you with the COBRA information that wold have permitted you to continue your health insurance after your termination.
Michael A. Caldwell
404-979-3150
Answered on Jan 12th, 2012 at 1:43 PM