ERISA Attorney Overview
Lawyer Representation in Disputes Over Employee Benefits
Under the laws of the United States, workers are protected by a variety of rights, including the right to be free from employment discrimination, the right to be fairly paid for hours worked, and the right to participate in collective bargaining through a union. However, employees should also be aware of their rights regarding the benefits they receive.
If you believe that the benefits provided by your employer do not meet their legal requirements, or if your benefits claim has been improperly denied, it is important to work with an experienced employment law attorney. A skilled lawyer can inform you of your rights and ensure that your benefits meet the requirements of state and federal laws.
ERISA Oversight
The Employee Retirement Income Security Act (ERISA) governs employment benefits, ensuring that plans provided to employees meet certain standards. Benefits covered by ERISA include:
- Health insurance
- Life insurance
- Short-term or long-term disability insurance
- Accidental death and dismemberment insurance
- Pension and retirement plans, including 401(k) and IRA plans
- Profit-sharing programs and stock options
- Training programs
- Scholarship funds
- Employer-operated day care facilities
ERISA applies to private employers with at least 25 employees. While employers are not required to provide any of the above benefits, the benefits that they choose to offer must comply with ERISA requirements. These requirements include:
- Benefit plan funds should be managed for the exclusive benefit of employees and their beneficiaries.
- Employers or organizations that manage benefit plans should avoid conflicts of interest when making decisions about the investment of plan funds.
- Participants in a plan must be notified about the standards that must be met to qualify for benefits and the procedures for filing benefits claims.
- Significant changes cannot be made to a benefits plan without notifying the participants.
- Claims for benefits cannot be wrongfully denied by an employer or the administrator of a benefits plan.
An employee who is denied benefits after making a claim must follow administrative procedures through the plan's provider to appeal this decision. If, after review, an employer or provider wrongfully denies a claim, the employee can file a lawsuit in federal court to pursue relief and receive the benefits they deserve.
If you have been improperly denied benefits, or if you believe that a benefits plan provided by your employer has been mismanaged, you should work with an experienced employment lawyer to determine your best legal options. A skilled attorney can ensure that your rights are protected, assist in filing ERISA claims, and provide dedicated representation throughout the legal process, helping you receive the benefits you are entitled to.
