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Thursday, 11 April 2019

(California) My company hadn’t been paying for my health insurance policy although they were taking it out of my paycheck. I only found out when I had a medical emergency and was denied care. Is there any recourse here?

Hi all,

Trying this sub after posting in AskLegal first. Any help or guidance you can provide is much appreciated!!

I recently went fishing about two and a half weeks ago where I accidentally brushed against some poison oak. I didn’t notice until a couple days later when my rash started. At first it was small so I thought it was an allergic reaction to something but then it blew up like I’d never imagine it could. Immediately after presenting itself, it got unbearably itchy and soon spread to the length of my right arm, some of my left arm, and a couple splotches on my face. I got as much OTC supplies but it was not cutting it, and the rash was starting to blister and break just being under the weight of a shirt or when I slept. So as soon as it progressed and OTC wasn’t working, I called to make an appointment in network. And disclaimer, if I knew how severe poison oak could be, I would’ve gone immediately. But the first sign of the rash was minimal and it seemed manageable at first.

Initially the Dr’s office scheduled the appt but called me a couple hours later saying I didn’t have health insurance and they couldn’t take me. I argued with them to check again as I definitely do or at least pay for it, and that’s when they told me my policy had lapsed weeks ago. They offered to allow me to have a phone appt - basically a phone consultation and I took that over nothing.

I called me company’s HR and finally after the fifth time got a hold of someone. I was offered no explanation, just that it had been paid now so I should be fine. About that time I had my phone consultation where the doctor was able to prescribe me a topical steroid and a sleeping pill (since the itching was waking me up multiple times a night).

When I went to pick up the prescription, they wouldn’t give it to me as my insurance would only become active at midnight that night! I managed to power through that night, but it was really tough as the rash was at it’s worse.

I finally got the medication the next day as well as a regular Dr’s appt where they also gave me an oral steroid. The dr even remarked how severe my rash was that only a topical steroid wouldn’t cut it.

In lieu of this, I’ve had to take more than a week off of work. I work with machinery and so I need to alert and I was barely sleeping. I also was barely able to do anything until I’d been getting treated a couple days - the itching and pain was unbearable and I just couldn’t focus.

Obviously, I’m upset with my company but am not in a position to leave at this time. I’m wondering what the hell happened to the money I’d been paying for insurance and if this has/is happening with other employees.

Anyone who can offer advice is much appreciated! Thank you!!

Tldr; company hadn’t been paying my health insurance so my policy lapsed when I had a medical emergency. Missed work days as a result of not being able to get treatment right away. Company hadn’t mentioned anything since noticing the lapsed policy and paying it

Edit:grammar



Written By: bigassaloe
Source: http://bit.ly/2P2UWtL

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