When health insurance coverage is lost by the employees, their spouses, or their kids because of any of the qualifying life events, then the employees are eligible to get the benefit and continue the health insurance below the Consolidated Omnibus Budget Reconciliation Act of 1985, or COBRA.

A company should provide COBRA to the staff if they consist of 20 or more employees for a minimum of 50% working days. If the company, because of any reason, declines to notify the employees or their family members about this health insurance benefit, then the company is subjected to lawsuits and penalties.

An individual or his family is qualified to have COBRA health insurance under the following life events:

• Reduction in the working hours
• Resignation
• Divorce
• Termination other than the case of gross misconduct
• Dependent status loss
• A medicare qualified employee

After any of the qualifying life events given above the coverage for COBRA is valid only for 18 months or till new health insurance is qualified by the policyholder.

What are the eligibility criteria for a person to file a COBRA lawsuit?

A lawsuit can be filed by a person who has never received any information about the eligibility for COBRA, or they are denied having this insurance despite experiencing a COBRA-qualified life event.

Legally it is required to provide two forms of COBRA notices by a particular company which is:

COBRA general notice 

In COBRA general notice an individual gets the information about what a COBRA is and how they are eligible to apply and understand its benefits. It consists of a complete description of the Summary Plan that covers the group health care schemes under this insurance. When an employee or their notified dependents become eligible for the health care coverage, the company should send the COBRA general notice within 90 days according to the legal process.

 COBRA election notice

The COBRA election notice is sent to the employees when they losses their health care coverage. This notice gives information about the duration of the coverage and how many are the monthly premiums.

If the company uses an outside administrator, they have 14 days for the notice to be sent to the employee and 44 days if they don’t.

Why should you file a lawsuit?

When you file a lawsuit, you get the return of the various losses sustained because of not getting your COBRA health insurance. Different penalties that ensure in future the company do not fail to meet their obligations of the COBRA insurance.

The COBRA notice Class Action Lawsuit is the safest and the best way to come together with the other employees and fight for your rights against the current employer. The health care coverage loss may seem to be not a big issue for an individual. Still, when it is counted together, including the other affected individuals in the company, it becomes considerable to file a lawsuit and get the benefits of your rights.