Benefits of a Texas ERISA Lawyer
If you are an employee who receives benefits as a part of your compensation package, you should be able to reasonably expect these benefits to be available when you need them. To help reinforce that implicit guarantee, most employee benefit packages are covered under a federal law known as ERISA.
This law affords certain protections to insured employees and holds employers and benefits companies to certain standards. Because of this law, employers and insurance companies can face serious consequences for violating your rights. If you believe your benefits are being wrongly denied or mishandled, you may want to know more about the benefits of a Texas ERISA lawyer. A qualified ERISA attorney could fight for you.
The Employee Retirement Income Security Act
The Employee Retirement Income Security Act of 1974, or ERISA for short, applies to most voluntarily established pension and health benefit plans within the private industry. It does not apply to group plans provided by government agencies or churches, or to plans that are in place to comply with other workers’ compensation, unemployment, or disability laws.
ERISA covers life insurance, accidental death insurance, long and short-term disability insurance, health insurance, and retirement plans such as 401(k) plans. It does not, however, cover private plans purchased by individuals.
This federal law establishes many requirement plan providers must abide by. These include the following:
- Plan participants must be given certain information about the plan
- Fiduciary responsibilities exist for those who manage and control plan assets
- Plans must establish a grievance and appeals process for participants to get benefits from their plans
- Plan participants have the right to sue for benefits and breaches of fiduciary duty
How a Skilled Attorney Could Help
Plan participants who believe their plan is not in compliance with ERISA regulations have several options. One of these options is to hire a skilled attorney to represent them. There are many benefits of a Texas ERISA lawyer if an individual is going through an ERISA dispute.
Knowledge and Experience
ERISA laws can be quite complex and confusing, as can legal proceedings of any variety. Without an attorney who is familiar with ERISA, the plan’s own attorney’s and administrators may try to take advantage of a plan participant’s relative lack of knowledge. When a participant is represented by an attorney, insurance companies know they need to play by the rules.
There are also strict deadlines for filing claims and appeals that must be followed in an ERISA case. Attorneys know what these time limits are and can keep the case moving as it should.
There is a lot at stake for plan participants who believe they are being treated unfairly or illegally by their plan—so much so that not hiring an attorney could even be costlier in the end than hiring one. If benefits such as those related to a disability are denied, plan participants could lose a lot of money paying for their condition themselves.
Getting Legal Help from a Texas ERISA Attorney
The benefits of a Texas ERISA lawyer are numerous and may help you achieve a positive outcome to your case. Whether you are being denied long-term disability, believe your pension was handled incorrectly according to your plan or the law, or want to seek other benefits you are not receiving, an experienced ERISA attorney could represent you and your best interests.
An ERISA lawyer could discuss all your legal options and rights with you, allowing you to be in the driver’s seat when it comes to your case. Call today for more information on your rights under ERISA.