Did you get a COBRA notice after the termination of employment?

If you have been terminated from employment and have not been offered the right to purchase continuing health care benefits through COBRA, you may have a claim against your previous employer regardless of whether you would have elected COBRA benefits.

Employers must provide notice of your right to continue your health care coverage. This notice has specific requirements and must be delivered within a specific time frame. If you received no notice or insufficient notice of your COBRA benefits, you may have a claim.

By failing to send proper NOTICE, your employer may be subject to:

1. a statutory penalty of up to $110 per day for each violation;

2. excise taxes;

3. liability for any beneficiary’s medical expense due to the gap in coverage;

4. attorney fees;

To establish a claim, you must have been covered under your company’s health insurance at the time your job ended. It does not matter whether you left voluntarily or were terminated. A few brief questions will help us determine whether the COBRA ‘notice’ requirements apply to your situation. Attorney’s fees would come directly out of any potential recovery. If you are interested in determining whether you may be eligible to recover against your former employer, please contact us at (614)545-9998.