Suing for discrimination for not having insurance?


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I've got a client who bought a maj med policy from me with a high ded., and I had him couple it with an accident plan. He just had an accident at work in which he broke his foot.

The total bill was 11k dollars.

The problem, if you can call it that, is that he didn't know for sure that his policy had taken effect yet when he had the accident. He went to the ER and got treated like dirt because, he thinks (and I'm sure it has merit), the hospital thought he didn't have coverage.

The fact that his policy had only days before gone in force doesn't really matter, I don't think. I had thought I did a good job with telling him...but this is the first time he's ever had coverage and was just unsure, even though he had all the policy documents and everything delivered...he just didn't know.

So, I wonder if you guys think he has a case for discrimination on the basis of the treatment he received of him not having coverage.

Any thoughts? only know his side of the story. "Treating him like dirt" is a very broad statement. Not to discredit your client but most people I come across who holler discrimination are just folks looking for a handout. You would need to provide details for anyone to answer your question with any validity.

If it happened at work, he would have been covered under workers comp. He was treated like dirt simply because he was in pain and people can't jump fast enough when your in pain.

Many personal policies exclude work related injuries, didn't matter if his personal policy was in force or not, unless it included worktime.

This is why you do NEXT DAY effective dates if they are NOT insured - if the carrier can not accommodate NEXT DAY then do a 30 day temp plan next day and push long term out 30 days.

Most agents don't realize the he said, she said about effective dates - don't risk it I can tell you horror stories.

Also there is no discrimination just your client blowing steam about being asked reasonable questions to prove his coverage.

Did he get his service? Was he treated? This seems PRETTY FAIR for someone with NO insurance to receive the SAME level of service as someone who has NEVER had a gap in coverage.

I think your client is over reacting and blowing steam unless they said something about his race or religion or something truly out of line - if not tell your client to put this on their list of life's little lessons.
Texas is a non~workmans comp. mandate state so most employers do not carry it ....and I doubt very seriously if your client did not have health insurance before this that he has the money to sue anyone.....and besides ...the case is weak and hard to prove.......

If it happened at work, he would have been covered under workers comp.