Do I Qualify?
A quick way to tell whether your situation may be worth reviewing. This isn’t a legal determination, just a starting point so you know what to expect.
Who May Qualify
Surcharges paid in the last six years may be worth reviewing. The period that may apply to a specific claim will depend on the individual circumstances.
Common Situations
These are the kinds of situations that often lead people to reach out:
The surcharge may have been described as a tobacco, nicotine, vaping, e-cigarette, or similar wellness-program charge. The wording used by the employer may vary.
A situation may also be worth reviewing if a tobacco or nicotine surcharge was applied because a spouse or dependent enrolled in the employer-sponsored health plan used tobacco or nicotine products.
You were charged extra for tobacco use but never offered a clear way to avoid it (like a cessation program)
You may still have a claim even if you have never used tobacco or nicotine. Some employees are charged because they were never told how to certify non-use, because a certification or affidavit was not processed, or because the plan applied the surcharge by default. If you were charged and you do not use tobacco or nicotine, your situation is worth reviewing.
You stopped using tobacco but kept getting charged
You were charged without ever completing any kind of tobacco screening or attestation
You were never told how to have the surcharge removed
Questions to Ask Yourself
Did my health insurance deduction seem higher because of tobacco use?
Was I ever clearly told how to avoid or remove the surcharge?
Did my employer offer a real alternative, like a quit program?
Did anyone explain the surcharge to me at all?
If you're answering "no" or "I'm not sure" to these questions, you may want to request a free case review.
Documents That May Help
You don’t need anything to get started. But if you have them, these can help speed up a review:
Pay stubs showing your health insurance deduction
Open-enrollment or benefits paperwork
Any notice mentioning a tobacco surcharge or wellness program
What Doesn’t Automatically Disqualify You
A few things people worry about that usually don’t rule them out: you can’t find your paperwork, you’re not sure which plan you had, or the surcharge seemed small. None of these automatically means you don’t have a claim. When in doubt, it’s better to ask.
You do not need to be a current employee to request a review. Former employees may still have a potential claim based on surcharges paid while they were enrolled in the employer’s health plan.
What Happens Next
You submit your information through a short, secure form.
The legal team reviews it to see whether a closer look makes sense.
If it does, someone reaches out to you.
Representation begins only if you and the firm both sign a written agreement.