Like many people, you or a loved one may have an employer-sponsored accidental death and dismemberment (AD&D) insurance plan. Often backed by the Employee Retirement Income Security Act of 1974 (ERISA), these policies offer benefits in case of catastrophic injury and death.
ERISA intends to create a fair framework for many employer-sponsored benefits. If your claim is denied, ERISA offers pathways to appeal or file a lawsuit in federal court. An accidental death and dismemberment lawyer in Shreveport can help you understand the process.
At ERISA Insurance Claim Attorneys, our Shreveport insurance claims lawyer has over 30 years of experience helping people get the benefits they deserve. Contact us today to schedule a free, no-obligation consultation and find out how we can help you, too.
How Can an ERISA Claim Attorney Help?
When you or a loved one suffers a catastrophic injury, you’ll have a lot on your mind besides filing paperwork and dealing with insurance companies. A skilled attorney can help when you need the benefits provided by ERISA accidental death and dismemberment insurance. We can:
Manage Your Claim
We can help you understand your rights and explain the policy, and we can answer your questions. We’ll handle paperwork, make sure you submit documents on time, and deal with the insurance company so you can focus on healing and your family.
Assist With Your Appeal
If your claim is denied, our team can help you put together an administrative appeal and submit it to the insurance company. We’ll review your denial letter and gather any additional documentation to prove your claim and refute the denial.
Ensure Compliance With ERISA Rules
Sometimes, insurance companies fail to follow ERISA requirements, making it tough for you to get the information you need for your claim. Your attorney can hold them accountable when they don’t comply with the law.
Represent You in Court
When your ERISA appeal with the insurance provider is unsuccessful, you have the option to file suit in federal court. Your attorney can help you prepare for the hearing and represent you in the courtroom.
For a free legal consultation with an accidental death and dismemberment lawyer serving Shreveport, call (225) 201-8311
What Is Accidental Death and Dismemberment Insurance?
Accidental death and dismemberment insurance provides financial benefits to the policyholder or a beneficiary when the policyholder suffers a serious injury or death due to an accident. It is different from life insurance, which pays a beneficiary upon death by any cause.
Typical benefits may include a lump sum paid out to a designated beneficiary in the event of the policyholder’s death, along with coverage for loss of limbs, sight, hearing, or speech. An accidental death and dismemberment attorney in Shreveport can help you understand policy details.
Many workplaces offer accidental death and dismemberment insurance as part of their benefits packages. Often, employer-sponsored programs must adhere to the guidelines established by ERISA.
Shreveport Accidental Death And Dismemberment Lawyer Near Me (225) 201-8311
What Is ERISA?
The Employee Retirement Income Security Act is a federal law that creates safeguards for employer-sponsored benefits plans, such as AD&D coverage. It is meant to help employees, but it can be complicated and hard to understand.
Through ERISA, employees have a mechanism to appeal when they receive a benefits denial. In some cases, they may have recourse for a lawsuit in federal court. ERISA covers most benefits plans for private-sector employees.
A Shreveport AD&D lawyer can help you better understand how ERISA relates to your claim, as well as how to navigate the claims and appeals processes.
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What Happens if My ERISA Claim Is Denied?
If your ERISA accidental death and dismemberment claim is denied, you have 180 days from the date of the denial to file an administrative appeal with the insurance provider. During this time, you should submit any additional evidence and documentation that supports your claim.
Mistakes during the appeals process can harm your chances of success. If you haven’t already hired a lawyer, now is the time. An experienced ERISA attorney can help you prepare your appeal, gather supporting evidence, and ensure all required documents are completed and submitted on time.
If your administrative appeal is unsuccessful, your attorney can help you file a lawsuit in federal court. The judge will typically review your case based on the existing administrative record. That means it is very important to include as much information as possible with your initial appeal.
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Who Can File an Accidental Death and Dismemberment Claim?
In Louisiana, only certain individuals have the legal authority to file an accidental death and dismemberment claim under a policy. Understanding who is eligible to file can help ensure a smoother claims process.
- If the insured person suffers a qualifying injury covered by the policy, they themselves can file the claim to receive benefits for losses such as loss of limbs, eyesight, or hearing.
- In the event that the insured dies as a result of an accident, the named beneficiary listed on the policy is typically responsible for filing the claim to obtain the death benefit.
- If no beneficiary is named or the beneficiary is deceased, a legal representative of the insured’s estate may file the claim on behalf of the deceased person’s estate.
It’s important to follow the requirements and submit the necessary documentation to avoid delays or denial of the claim. An experienced insurance attorney can help you understand your rights and handle any complications during the claims process.
Get Help F
rom an Accidental Death and Dismemberment Attorney in Shreveport
When you or a loved one suffers a catastrophic injury, accidental death and dismemberment insurance can provide some small degree of solace. Because ERISA backs it, you can trust in a fair and transparent process.
But that doesn’t mean your insurance provider won’t delay or deny your claim, for reasons that might not make sense. Our accidental death and dismemberment attorney in Shreveport can help you understand your policy and challenge your denial.
Our team at ERISA Insurance Claim Attorneys has stood up for people denied the benefits they deserve since 1990. Contact us today to schedule a free consultation and find out how we can help.
Call or text (225) 201-8311 or complete a Free Case Evaluation form