Being wrongfully denied insurance coverage can be frustrating. The laws regulating the behavior of insurance companies and employee benefit packages are often complex and difficult for the layperson to understand. However, there is help available.
If you feel you were wrongfully denied coverage under your employee benefits, the best option may be to contact a compassionate Louisiana ERISA lawyer who can help you receive the benefits you deserve.
ERISA, which stands for the Employee Retirement Income Security Act was written in 1974. Though “retirement” is in the name, it also covers employee benefit packages including disability insurance, both short-term and long-term, as well as health insurance and other benefits.
The law does not require employers to offer these benefit packages, but it is designed to regulate how such benefits can operate, protecting employees from being denied the care they were promised. ERISA stipulates the accountability of such benefits packages and provides safeguards against corruption.
Not all employers are held to the ERISA regulations. The law only applies to private employers, such as individuals, corporations, and non-profit organizations. However, employers who are registered as churches or other religious institutions may not have to comply with ERISA standards.
If someone is unsure whether their employer must abide by ERISA, a Louisiana ERISA attorney can review their case and advise on the specific ways the law may apply to their case.
As an injured employee who cannot perform your assigned job duties, however, you have rights. Yes, ERISA stacks the odds against you and in favor of your insurance company.
Unfortunately, ERISA violations can be difficult to bring to court. The way the law is structured gives preference to the insurance companies through whom the employee benefits plans are doled out.
Since ERISA is incredibly complex and nuanced, contact a Louisiana ERISA lawyer who fights tirelessly in support of those wrongfully denied coverage based on their employee benefits package.
When a person has been improperly denied their benefits, they can file a claim in court with the help of an experienced Metairie ERISA attorney. Most ERISA claims do not have a clearly defined statute of limitations. However, if the claim is for a breach of fiduciary duty, it generally has a six-year statute of limitations, meaning the claim must be started within six years of the breach.
Failure to file the appropriate paperwork within the six-year deadline may cause the person to lose the ability to bring the case to court. To avoid this, it may be important to seek the assistance of a knowledgeable ERISA lawyer who can ensure that all deadlines are met.
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As with any legal matter, the first step to take in seeking to file a claim under the ERISA law may be to contact a knowledgeable Louisiana ERISA lawyer who can help walk you through the process. A well-versed ERISA attorney can help collect and preserve evidence that can bolster the case and ensure all legal deadlines are met. Additionally, it is the role of a Louisiana ERISA attorney to argue passionately on your behalf to help make a favorable outcome more likely.
If you feel that your employer has not complied with your employee benefits package, contact a Louisiana ERISA lawyer as soon as possible. The sooner you speak with an attorney, the sooner you can be sure that your interests are being pursued aggressively and that your case is being steered toward its best possible outcome.
Whether you’re in Baton Rouge, New Orleans, or anywhere in greater Louisiana, J. Price McNamara and
his legal support team are focused on building a strong case for you. Explore our locations below.
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