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Career Advice - Filing a Claim for Your Employee Benefits


If you work for a company that has promised you employee benefits, you expect that when something comes up in your life, that you will be able to make use of these benefits. A lot of employees in fact depend up certain benefits for medical as well as some personal reasons and it may be the only way for them to be able to live for a temporary amount of time. Should that time come and for some reason your employer refuses to let you receive your benefits, you can file a claim to recover them.

Should you need to follow through with a claim you are going to need to be prepared. So the first thing you need to do is to gather up all of your documentation regarding your benefits and the information about them. You should call up the company that covers your insurance and ask to talk to someone there to tell you exactly why your benefits were denied.

You also need to talk to your human resources department and ask them for an explanation as well. You will then need to get them both to write formal letters of denial and reasons for them not letting you have access to your benefits.

Once you are satisfied that you have the information that is needed you are going to have to hire yourself a lawyer who specializes in these types of legal cases. You will also need to get a hold of the U.S. Equal Employment Opportunity Commission as well. This will need to be done in no more than 45 days after you were denied your benefits. It would be a good idea to meet with one of their counselors to make sure that a claimis going to be merited before you go through with it.

The next thing you need to do is to meet with your lawyer and start to put your case together. Other employees will need to be interviewed if they have come across the same problem or at least something similar that you are experiencing and make sure that they will be willing to go to court and testify. You will also need a medical expert if this has to do with your medical benefits. This expert will need to examine you.

You can then go a head and have an appointment set up with yourself, your lawyer and the employer to try and work out some sort of settlement. You will start off the meeting with the fact that you have all the legal evidence you need to prove that your claim is warranted. You can then state your legal requests and if your employer is still unwilling to meet these requests you can then have your lawyer commence a lawsuit.

Your final step is to go a head and file your lawsuit with the court and get a process server to formally serve court papers to the employer as well as the insurance company if need be. Then all of the information and documentation a long with any witnesses you have will need to be present to help you and your lawyer prove that your claim is legit.

Make sure that the sum you are requesting for compensation is reasonable and not outlandish. If you try and go too high you will probably end up with less than you actually wanted in the first place. Never wait too long to begin your lawsuit because some states do have time limits on these kinds of legal matters.



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