Employees may be owed compensation for unlawful tobacco surcharges on health insurance
Did you pay more for health insurance from your employer because you smoke?
You may have been charged an unfair tobacco surcharge — and you could be eligible to join a lawsuit to recover money you were wrongfully charged. Fill out the form on this page to see if you qualify.
In recent years, several major employers have been criticized for charging unfair tobacco surcharges to employees who smoke or vape and enroll in health insurance through workplace benefits. When these fees aren’t properly disclosed or don’t meet federal standards, they may violate employee protection laws, including the Employee Retirement Income Security Act (ERISA).
Now, several companies are facing class action lawsuits over these surcharges — and affected employees may be entitled to compensation.
Do you qualify?
If you worked for a company within the past six years and paid higher health insurance premiums due to tobacco or vape use, you may be eligible to participate in tobacco surcharge litigation. Fill out the form on this page to see if you qualify.
Fill out the form on this page for more information.
The law firm responsible for the content of this page is: Siri & Glimstad LLP; New York, NY; 888-SIRI-LAW; sirillp.com.
Are tobacco surcharges legal?
Tobacco surcharges are often included in workplace wellness programs, but that doesn’t mean they are legal. Under federal laws, such as the Employee Retirement Income Security Act, these surcharges must meet strict guidelines to avoid discrimination against employees who smoke or vape.
For example, ERISA requires employers to:
- Offer a reasonable alternative to employees who use tobacco products, such as a smoking cessation program
- Properly communicate in all plan materials discussing the surcharge that an alternative standard is available, along with contact information
If the company fails to comply with these requirements, it may be violating federal law and subject to legal action over unfair health insurance fees.
How much were employees charged for tobacco use?
This surcharge may vary widely depending on the company. Some employees report paying hundreds of dollars more each year for health insurance simply because they smoked or vaped. Others paid less. Either way, these tobacco surcharges can add up quickly over time.
Join a class action for unfair smoker surcharges
If you paid for health insurance from your employer and smoked while you worked there, you may qualify to join a tobacco surcharge litigation.
Attorneys are currently investigating whether companies violated the rules governing tobacco surcharges and are actively helping employees recover significant funds that were collected through these surcharge programs.
Fill out the form to see if you qualify — your case review is free and confidential.
Fill out the form on this page to see if you qualify for a free case evaluation.
See If You Qualify
Join a tobacco surcharge class action lawsuit investigation
Filling out this form is quick and easy. It only takes a few minutes to see if you qualify.
After you fill out the form, an attorney(s) or their agent(s) may contact you to discuss your legal rights.
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