The Employment Security Income Act of 1974, also known as ERISA, is a federal law that regulates how employers manage and disperse employee benefits. It covers issues impacting pension, disability, retirement, health insurance, and any other employer-backed benefit.
ERISA provides a host of legal protections to employees. Unfortunately, though, its laws can be difficult to interpret, and it can be hard to understand the finer print of many insurance policies.
If your insurer denies you benefits, though, ERISA gives you the right to retain an employment attorney and file an appeal or lawsuit against the insurer if you believe the denial is unfair. If you have recently had your insurance claim denied or you believe your employer is violating ERISA, hiring a Jacksonville ERISA lawyer may be the best move you could make.
As mentioned above, ERISA is a federal mandate that requires employers and insurance companies to act honestly when handling employee benefits and claims. ERISA governs everything from processing times to the steps of an appeal, and if a company does not follow the rules ERISA lays out, they can face serious civil and criminal penalties.
However, it is relatively easy—and sadly common—for employers to violate ERISA. These violations often occur in the following ways:
If an employer or an insurance company they contract with engages in any of the actions listed above, employees have a right to take legal action against them with a Jacksonville ERISA attorney’s help.
ERISA contains provisions regarding both long and short-term disability. Unlike workers’ compensation, short and long term disability insurance provides employees with compensation if they are unable to return to work for any medical reason.
Before a person can use their long or short-term disability benefits, they must usually be employed for a certain amount of time. If a short or long term disability claim is approved, the claimant receives a certain percentage of their normal paycheck on a monthly basis until they are healthy enough to return to work.
Unfortunately, obtaining this benefit can be immensely difficult, and often insurance companies will look for any reason to deny benefits to an employee. Even when a disability claim is approved, insurance companies typically seek to provide benefits for the briefest amount of time possible.
In addition to insurance-related regulations, ERISA also requires employers to avoid carelessly investing employee pensions and retirement funds, but there are many employers who refuse to adhere to this requirement. Such actions are unfair to employees who have worked their entire lives, but companies can be held liable for such actions in court. If an employer wrongly denies an employee retirement or pension funds, that employee may need to hire an ERISA lawyer in Jacksonville to fight for them.
If you were denied insurance coverage in an ERISA-governed plan for reasons you do not understand, you may have grounds for an appeal or lawsuit. No employee should have to fight for the coverage they were promised, but sometimes, fighting is necessary.
With a skilled attorney on your side, you may be able to hold your insurer or employer liable for violating ERISA laws. Discuss the details of your case with a Jacksonville ERISA lawyer at your earliest convenience.
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