Can my employer cancel my health insurance retroactively?
Question Details:Upon transfer from one job site 09/30/09 to another 10/05/09, I was the victim of an accident. Not job related in the days between in which I sustained a broken leg. Upon getting out of the hospital I informed my job of the incident, in turn I received a layoff. Due to the fact I would not be able to work. I call the insurance company upon getting home from the hospital and they informed me as of that date, 10/12/09, the insurance is good. 3months later I received a letter stating that my insurance had been cancelled 10/02/09 by my job. Is this possible? If I was to report to a job site 10/05/09?
Please see a good labor and employment lawyer about this, because it sounds like the company violated your rights under COBRA, to keep your health insurance. You may be able to get your coverage back.
When you have health insurance through your job, if you are fired or laid off, you have to be given a written notice of your COBRA rights, to keep health insurance coverage in place at your expense for up to 18 months. Typically, you have to answer in writing that you want to continue it, and you have to come up with the premium not later than the first of each month or you lose the insurance. But if you were never given the notice, you've been wronged, and a court can help.
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