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COBRA Notice Violations
COBRA Notice Violation Attorney in Tampa
Protect Your Health Insurance Rights with Our Nationwide Advocacy
The cost of even the most mundane forms of medical care can be entirely inaccessible to those who do not have a healthcare insurance plan. Millions of Americans rely on employer-provided healthcare plans for support when it comes to routine health care needs, emergency care, and long-term care for serious medical issues.
Understanding the COBRA Act and Your Rights
Since 1985, the Consolidated Omnibus Budget Reconciliation Act (COBRA) has protected Americans from immediately losing access to healthcare coverage during a qualified event that discontinued their existing plan.
Qualifying Events for COBRA Coverage
- Loss of employment (voluntary and involuntary)
- Reduced work hours
- Transition period between jobs
- Divorce from a spouse whose plan you relied on
- Death of a spouse whose plan you relied on
Employers must ensure that every employee is aware of their right to pursue continued coverage under COBRA and the limitations of their rights. When businesses fail to comply with COBRA notification, they can be held accountable in court by aggrieved parties.
Benefits of COBRA Continuation Coverage
Access to continued coverage does not necessarily mean your employer will pay your insurance premiums. In most cases, an employer won’t afford any portion of your continued coverage after you have separated from the company.
When you are responsible for a COBRA insurance premium, you are likely to pay the full amount, which includes what your employer used to pay.
The benefit, however, comes from your current/former employer’s reduced group rate for health care insurance, which can be much cheaper than purchasing a new plan with equivalent benefits as an individual. If you enjoyed your healthcare coverage, you can continue to receive benefits at a significantly reduced rate while on COBRA.
Timelines for COBRA Notice Delivery
The employer has 14 days to provide notification of COBRA rights to the employee and all dependents on their plan under all circumstances. This applies when the employer is responsible for a qualifying event, such as termination.
Certain qualifying events, however, require the employee to inform their employer, such as quitting or a divorce. Under these circumstances, the employer has 14 days from the date they received such notice.
Get Help with COBRA Notice Violations in Tampa
At Justice Litigation Attorneys, we can help you seek fair and just compensation when an employer is violated COBRA protocol. It’s your employer’s responsibility to notify you of continued access to health care covered whether your voluntarily quit or were fired. You can recover your financial losses by pursuing your interests in court with help from our COBRA notice violation attorney in Tampa.
Reach out to us online or by calling (800) 219-1324 for Legal Support with COBRA Issues.
Did Your Employer Provide a COBRA Notification of Rights?
By law, the employer who provided your health care plan must have notified you of COBRA provisions within 90 days prior to the beginning of coverage. If you added a spouse to your plan after receiving your COBRA notification, that person must also receive a COBRA rights notification within 90 days before the beginning of coverage.
The COBRA notification of rights must be included in your plan summary and provided once again when a qualifying event occurs. Employers who fail to provide timely notification before the beginning of coverage, or upon your resignation or termination from employment, can be held liable for violating your rights under COBRA.
Reach out to us online or by calling (800) 219-1324 for Legal Support with COBRA Issues.
What Happens if COBRA Notice is Not Provided on Time?
When an employer fails to provide timely COBRA notice, it can create significant problems for employees, leaving them without the coverage they need. Under federal law, employers must notify employees and their dependents of their right to continue healthcare coverage under COBRA within 14 days following a qualifying event, such as job termination or a reduction in hours.
Legal Implications for Employers
Failure to notify employees of their COBRA rights within the required timeline can have serious consequences for employers. If an employer misses the deadline, they may be subject to fines and penalties imposed by the Department of Labor (DOL). In addition to financial consequences, the employer may also be required to retroactively cover the employee's medical expenses, if applicable.
Employee Rights in the Event of a COBRA Violation
If you were not informed of your COBRA rights on time, you may have legal recourse. Employees whose COBRA notice was delayed or not received at all may be entitled to seek compensation for any medical expenses incurred during the period they were without coverage. Additionally, employees can file a complaint with the Department of Labor, which investigates COBRA violations.
In some cases, a court may award financial damages, including reimbursement for missed premiums, medical bills, or other related losses.
Steps to Take After a COBRA Notice Violation
- Review the Timing: Make sure your employer was required to provide COBRA notice (e.g., following termination or reduction in hours).
- Contact HR: Notify your employer’s human resources department of the violation and request documentation of your COBRA eligibility.
- Seek Legal Help: If you believe your rights were violated, reach out to a COBRA notice violation attorney to discuss your options.
At Justice Litigation Attorneys, we are here to help you secure your healthcare rights and ensure employers comply with the law.
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“Sam Doxie and the firm helped and we won a nice settlement.” - Former Client
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“They are excellent at communicating and handling the case in a way that you feel like you have a team of attorneys who truly care and support you.”
Do You Need Legal Assistance?
Reach out to a COBRA notice violations attorney in Tampa if you believe your employer acted improperly. At Justice Litigation Attorneys, we can help you hold your employer accountable for violating COBRA rights meant to protect your right to access continued health care coverage in a timely manner.
Begin working with our Tampa employment lawyers today by reaching out online or calling (800) 219-1324 to arrange a consultation with our attorney. We can provide legal assistance all across Florida.