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Long Term Disability / Life /
Accidental Death / ERISA

Our past years of representing insurance companies taught us a thing or two about how they work behind the scenes. Let our experience work for you.

Understanding ERISA in Louisiana

The Employment Retirement Income Security Act of 1974 (ERISA) is a federal law that establishes guidelines for the administration of employee benefit plans such as health insurance and pension plans. ERISA creates a uniform standard that applies nationwide to protect plan participants and beneficiaries from losing their benefits.

Prior to the enactment of ERISA, employees were exposed to certain risks to their retirement plans due to lack of funding and mismanagement. Even worse, employers could take back those benefits in the event of bankruptcy or financial hardship. ERISA imposed safety mechanisms that protect these plans. Understanding ERISA in Louisiana is an important part of protecting your rights.


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Receiving a bill should never be the first step in getting help. Our firm knows that when dealing with an ERISA, long term disability or insurance claim, what you need is answers, and we are here to provide them free of charge.

Our firm welcomes telephone calls or the opportunity to visit with you in person to answer any questions you may have. We also provide FREE comprehensive case reviews. There is no obligation to hire us as your ERISA attorney.

Why I Love Our Mission Of
Helping People Like You…

Too much is at stake to guess about the best approach and strategy for fighting your denied insurance claim — years and years of financial security.

After spending years representing insurance companies, we don’t guess. We know their playbook and how they work behind the scenes. Using that knowledge, we’ve developed our own Clear Advantage Process for fighting claims.

It’s personally satisfying to use what I’ve learned as an insurance company insider, now for the good — helping families reverse unfair denials of insurance benefits they paid for, need and deserve.


About J. Price McNamara

Price McNamara began his law practice in 1990 representing insurance companies.

In 1995, Mr. McNamara founded McNamara Law Offices, where he represents people across the U.S. who are wrongfully denied long-term disability insurance, life insurance, and accidental death insurance benefits, with special focus on ERISA claims and lawsuits.

His is a member of the Louisiana and Texas Bars, with office locations by appointment only in Baton Rouge, Metairie, and Houston. He lives in Baton Rouge, Louisiana with his wife and their three children.

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What Employers Are Subject to ERISA?

ERISA applies to private employers that offer certain benefits plans to their employees. There is no minimum number of employees an employer must have for ERISA to apply. Having just one employee can trigger the application of ERISA. However, government employers and churches are generally not subject to ERISA guidelines. As a result, benefit plans provided by a government agency or church may not be covered.

ERISA does not mandate that employers provide pensions, health care, or other fringe benefits, but rather sets forth guidelines to follow when these packages are offered. The requirements ERISA sets forth create a minimum standard for employers who provide these packages to follow.


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Baton Rouge Office

10455 Jefferson Hwy,
Suite 2B
Baton Rouge, LA 70809
Phone: (225) 201-8311
Fax: (225) 201-8313
(By Appointment)

New Orleans Office

4141 Veterans Memorial Blvd.
Suite 212
Metairie, LA 70002
Phone: (504) 458-8455
Fax: (225) 201-8313
(By Appointment)

Houston Office

363 N Sam Houston Pkwy E
Ste 1100 PMB, #114
Houston, TX 77060
Phone: (713) 439-0339
Fax: (225) 201-8313
(By Appointment)

Benefits That Are Covered

Part of understanding ERISA in Louisiana is understanding the benefits the law covers. ERISA covers a broad range of employee benefits including:

  • Health insurance
  • Pension plans
  • Disability insurance
  • Long-term care insurance
  • Training programs
  • 401K plans

Generally, any employer-sponsored benefits plan will be covered under ERISA.

Reporting and Disclosure Requirements in Louisiana

Employers must comply with the reporting and disclosure provisions of ERISA with respect to the government and plan participants. Employers must submit reports to the federal government. In addition, employers must provide employees with information pertaining to their benefit plans. These disclosures should include information regarding a summary of the benefits, how to obtain the benefits, and any plan limits.

Administration and Enforcement of ERISA

Plan administrators are responsible for managing employee benefit plans and owe plan participants a fiduciary duty, meaning they are held to certain standards of conduct that they must meet to avoid liability. Plan administrators should act in the best interest of plan participants by investing funds prudently to avoid substantial losses. These standards serve to protect employees from the poor management of their retirement funds. Plan administrators should provide employees with summaries of their benefit plans and notify them of any changes to their plans.

The U.S. Department of Labor (DOL) and the federal courts enforce ERISA. A subsection of the DOL called the Employee Benefits Security Administration (EBSA) is tasked with investigating potential violations ERISA.

An Attorney Can Help Employees Understand ERISA in Louisiana

Most employees rely on their retirement plans for financial support in the future. If your retirement plan is jeopardized in any way, it can be devastating. A knowledgeable attorney can advise you regarding your rights under ERISA.

ERISA is a complicated law to understand and has a history of being amended frequently. Employees who have questions or concerns regarding ERISA should not hesitate to seek the assistance of an attorney. A Louisiana attorney has the experience needed to help you understand ERISA in Louisiana.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Testimonials are not a guarantee, warranty, or prediction of the outcome of your case. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

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