Things You'll Need:
- Formal denial letters
- Attorney
- Claim paperwork
- Expert testimony
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Step 1
Find all the documentation on your employee benefits information. Call the insurance company to get a representative to explain why you're being denied your benefits. Also talk to your employer human resources department and ask for an explanation. Get both your employer and insurance company to write formal denial letters stating their reasons for denying your benefits.
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Step 2
Hire an attorney who specializes in employee benefits lawsuits. Also contact the U.S. Equal Employment Opportunity Commission (EEOC) within 45 days of your benefits denial. Meet with an EEOC counselor to see if your benefits lawsuit has any merit before starting it.
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Step 3
Meet with your attorney or EEOC representative to put together your case. Start interviewing other employees who've been through similar experiences and are willing to testify in court if necessary. Also get a medical expert to examine you if your employee benefits lawsuit is based on a medical condition.
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Step 4
Schedule an appointment with you, your attorney and your employer to negotiate a settlement. Start the meeting by showing all legal evidence your attorney gathered to prove your claim. Present your legal claim stating your legal requests and ask if your employer will meet them. If not, have your attorney file the lawsuit paperwork.
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Step 5
File your employee benefits lawsuit with the court and hire a process server to formally serve your employer and the insurance company. Prepare all legal documentation and gather enough witness or expert testimony to prove your claim.
