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Is my employer legally responsible to pay benefits?


Guest padamski

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Guest padamski

I am on an indefinite medical leave from work. I recently inquired about necessary forms to file for short term disability benefits offered in addition to our life and accidental death and dismemberment insurance. I was told the policy had been cancelled in March and no alternative policy was established. We do not pay into any of our insurance; it is a "perk" for full-time employees according to our company policy. Is my employer legally responsible to offer compensatory benefits for his error? He was warned in Oct. of last year the policy would be terminated due to a drop in the number of insured employees; he did nothing about it, just kept sending the checks. In March they sent the premium back and told him our policy was terminated. He did not tell anyone in the company until I attempted to file my claim. What can I do? I have been out of work for 4 weeks without income. I am desperate!

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pam adamski

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Pam:

There could be a number of situations that could bring rise to what you are eligible for, if anything.

If you were disabled prior to the date the disability policy terminated, you still may be eligible for disability payments. If so, contact the insurer directly.

If you live in New York, California, New Jersey, Rhode Island or Hawai, you may be able to file for disability with the State fund.

Insurance companies have minimum participation requirements to write and/or continue to write group insurance for small employers(sounds like you work for a small employer)and reserve the right to cancel the policy if these minum participation requirements are not maintained.

I don't know of any state or federal laws that would require an employer to compensate you because coverage was canceled. An attorney may have a different slant, if so, I'd like to know about it.

In the absence of insured or state disability benefits, contact social services in you area and see they can help.

Good Luck

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