QUESTION

My employer offered me travel insurance that paid 5x salary if totally disabled, I am, I filed, can I sue for the money?

Asked on May 30th, 2014 on Employment Contracts - New York
More details to this question:
They claim insurance wasn't set up for it though their employee handbook clearly states it. This happened in 2001 but I didn't give up on returning until a few years ago. I've been personally trying to resolve it
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You may have a valid claim against your former employer, but you may also have limitations problems, and there could be other defenses.  For example, did you have a written employment contract?  If so, it may explicitly say that where it conflicts with the handbook, it controls. You should also be aware that, to the extent that any other party (medicare, medicaid, private insurance) has paid any monies due to your disability, that party may be subrogated to your claims against your former employer, meaning that that party may have a lien against any recovery to the extent that it has paid out, and may be entitled to be repaid "off the top." 
Answered on May 30th, 2014 at 12:02 PM

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