I have a question about what is the responsibility to provide medical by an employer who has contracted a Dominican Citizen to work in the U.S. The situation is that they were en route to the new employment and fell ill in Miami in transit to California. They went to a local hospital and did an ultrasound. Now, they are being held liable for the expense of that exam and the employer claims it is not their responsibility. Being that the Dominican Citizen did not have U.S. medical insurance, this has placed a large expense on that individual. Is there any liability by the U.S. employer for these expenses and/or recourse that can be taken for the Dominican employee? Thank You.
- Thread starter AndyGriffith
- Start date
Legal Question About Dominican Employee In U.S.
It depends, if the company and the employee had reached an employment agreement, the company is paying for his travel expenses (ticket, hotel, meals, etc) they are liable to the well being of the employee (in the case he's already an employee as mentioned before). I travel a great deal for my company, they provide me with an additional health insurance while abroad, and they pay for all travel expenses from the moment I leave my home in my way to the airport. The company is liable for its employee's well being while under an employment contract. If the person was on a way to an interview and it was covering his/her expenses and no contract (verbal or documented) has being signed, then the person is responsible for the charges.
I'm not a lawyer and this is not a "legal" advise, but a comment from past experiences, personal and from others, that I'm sharing with you. Let's wait to see what other have to say.
I'm not a lawyer and this is not a "legal" advise, but a comment from past experiences, personal and from others, that I'm sharing with you. Let's wait to see what other have to say.
I'm not a lawyer, but I can't see how the employer can be held liable for this. I owned a small business in the US for 13 years, and I did not have to provide health insurance for my employees - unless I wanted to.
Of course, that may change with Obama's health plan, but none of that has gone into effect yet.
AE
Of course, that may change with Obama's health plan, but none of that has gone into effect yet.
AE
I missed the part where you mentioned the person was already contracted by the US company. Then I would say the company is liable to pay his/her expenses. Medical bills can be way to expensive in the US is one does not have insurance, an agreement can be reach with the hospital to reduce such bill, however, the company should be liable.
Wouldn't that depend upon the the work contract that the Dominican and the employer signed? Even businesses who do provide or offer insurance normally have a waiting period before benefits begin, often 90 days. And it's rarely 100% free in these days. This poor guy never even made it to the state they were supposed to work in, never mind show up for and start work. I'd advise him to read his work contract, see what it says.
AE
Thanks Uglystorm,
Yes, they had a signed contract agreement before the individual left on the plane from DR to the U.S. However, there was no agreement to cover travel and medical expenses during transit to the job and I was informed also no medical provided during the actual employment, which seems strange to me.
My reasoning is that if your company ask an employee to travel for business purposes you need to protect yourself. The employee would not have taken the risk of traveling (plane, car, etc). I would not do anything beyond what my obligations are for an employee (driving to work and perform my 8 hours of duties) unless I'm provided with an insurance.
Now I am being told they did not get a copy of the contract and only have payment stubs. They are going to request a copy of the contract from the employer to review.
I agree. It all depends on the signed binding contract. It also has to do with the company's own policies and practices. However, it all comes down to what was agreed with the employer, and the contract is the best way to find it. If nothing was agreed in writing, then it is up to the company's travel policy, if the company has one, most respected business do.
As a last resort, US labor law must be reviewed to find if they're any stipulations in regards to the situation.
that sounds like by signing the Contract they Knew that they are bnot covered by any Medical insurance, but they been willing to Travel without getting any own private coverage, they took the Risk willingly and got Hit.
I am no medical insurance expert and less for the US,
but from the simpleLogic of those words above I would say they traveled on their Own Risk and have to pay their own Bills. at least myself in such situation would not have awaited that anyone would take Responsibility for Me.
good luck for them to find a Sponsor
Mike
Actually, they never received a copy of the contract, which has my head shaking. So they are going in to get a copy and let's see what gives. However, it does appear that you are correct that the company never offered medical in any way, shape or form. Something every Dominican Citizen should grill these contract employment firms before they step foot in the U.S. and at least get a copy of the contract, for Pete's sakes!
My goodness. What kind of job did this person contract for???
You would think everyone knows that when a contract is signed - and should be by both parties - each gets a copy at the same time. Unless it's a single sheet of paper, not getting a copy means they can change anything they want that isn't on the signed page!
This person was way too trusting IMHO.
AE
People are taken advantage of everyday in this world. Good hearted people. Maybe they are not too savvy, but that doesn't exempt these companies from their behavior. It is quite unacceptable to me these practices and I am surprised legal action has not already been taken.
I agree,
but we all know that Companies all around the Globe do Illegal and Human denying Practices on daily bases, by the hour, everywhere.
US Company Practices in case of Employments/giving Labor to Latin Foreigners are sure no outstanding Angel Practices sent from Heaven purely taking care of the Employee on all counts.
Mike
Well in that case...Latin Foreigners should disregard paying any and all U.S. medical bills. Actually, that is what is happening! Good for them!
This question should probably be directed towards a lawyer familiar with workmsn's comp laws in the state of the employer. usually if an employee is traveling for the benefit of an employer, any injury would be deemed work related and covered by the workman's comp. policy. Much like the boss asks you to pickup a dozen donuts on the way to work. Any accident on the way are work related.
This is true, but #1 it wasn't an injury, he got sick and #2 he hadn't even begun to work yet, so may not be considered an employee yet.
AE [ex HR person]
Yes he may have been inroute for his first day of work. In that case with most companies, he would not have been covered as was mentioned above, most companies have a 90 day waiting period prior to the insurance kicking in. Plus from what was written above, there is no insurance coverage at all even for full employee's. This would also not normally be covered under work mans comp in the above stated case. There fore no legal action
Former superviso that had to deal with crap like this.
Andy:
Well in that case...Latin Foreigners should disregard paying any and all U.S. medical bills. Actually, that is what is happening! Good for them!
Yep thats why people love them so. rack up those emergency room bills. then the rest of the folks get to pay for them.
Andy:
People are taken advantage of everyday in this world. Good hearted people. Maybe they are not too savvy, but that doesn't exempt these companies from their behavior. It is quite unacceptable to me these practices and I am surprised legal action has not already been taken.
In the DR when you work under contract you get a copy of what was signed. No excuse for not knowing! No legal action, will be taken unless its by the Hospital that is getting stiffed for their bill.
Where are you from Andy