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How can I prove I was the only person not receiving health benefits?

San Diego, CA |

I belive I am the only employee at work that is not getting health benefits. I believe it is because of my disability. If I file a lawsuit can i subpoena the health insurance company to get names and dates of coverage for other employees. Thanks.

Attorney Answers 2


You need to find out the name and address of the administrator of the health plan and send a letter requesting a copy of the summary benefit plan. They have 30 days to send you the plan, which will let you know whether you qualify for health insurance under the plan. If they don't send the plan, penalties accrue at $100 per day.

David Mallen

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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It is generally not required for an employer to provide health insurance except in a few jurisdictions like San Francisco. In your case though your employer may have violated disability discrimination laws by excluding you from insurance. We would need more facts to determine this. You should speak with an employment attorney.

Neville Fernandes

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