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New York City Employee Retirement Income Security Act Lawyer

Helping New York Workers With Disability Claims Fight Insurance Company Breaches of Duty

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that governs employee benefit plans, such as retirement and health plans, set up by private employers. If your company offers a health plan or retirement plan, it is likely covered by ERISA. This law protects employees by requiring plan providers to disclose certain information and imposing fiduciary duties on them to act in the best interests of plan participants. However, ERISA also protects employers and insurance companies by enforcing strict claims and appeals procedures, which employees must follow to avoid losing their benefits.

Understanding ERISA Protections and Procedures

At Mansell Law, our experienced NYC employment lawyers are well-versed in the rights and duties of employees and employers under ERISA plans. We are here to help you navigate the complex procedures involved in appealing a denial of benefits or resolving issues with your employer-sponsored health or retirement plan. Learn more about ERISA below and contact Mansell Law if you believe your rights are being violated.

What Types of Plans Does ERISA Cover?

ERISA covers employer-sponsored employee welfare benefit plans, including:

Employee health insurance

Life insurance

Long-term disability insurance

Accidental death policies

What Does ERISA Require?

ERISA establishes minimum standards for retirement and health plans voluntarily set up by private sector employers. While intended to protect workers, ERISA has often been seen as favoring employers and insurance companies. Key features of ERISA include:

Requiring plans to provide information about plan features and funding

Imposing fiduciary duties on plan managers

Establishing a grievance and appeals process for disputes

Allowing participants to sue for benefits and fiduciary breaches

Mandating plan administrators to disclose benefits to participants and government agencies

Ensuring plans are managed for the benefit of participants and beneficiaries

Complying with rules for investments in employer-affiliated securities

Following applicable laws and plan rules when funding benefits

What Do I Need to Know About ERISA Claims?

ERISA imposes strict claims and appeals procedures. Failure to follow these procedures can result in losing your benefits. Before filing a lawsuit, you must go through any internal administrative appeals with the insurance company or benefit plan. This process has limited discovery (evidence gathering), but it’s crucial to build a strong administrative record.

Attorneys unfamiliar with ERISA rules may harm your case by not adequately developing the record at the administrative level. Remember, ERISA preempts state laws, so you can’t sue for bad faith or recover punitive damages. However, you can recover benefits due under the plan and force changes through an ERISA class action.

Bring Your ERISA Claim to Experienced New York Employment Lawyers

The New York employment lawyers at Mansell Law are skilled in negotiating ERISA claims and providing representation at the administrative level and in New York federal courts. If you’re facing a denial of long-term disability benefits or other ERISA issues, contact Mansell Law for a free consultation with knowledgeable ERISA attorneys.

Contact Us Today for Assistance with Your ERISA Claim

Don’t navigate the complexities of ERISA alone. Call Mansell Law in New York City to speak with our team of experienced employment attorneys. We are here to fight for your rights and ensure you receive the benefits you deserve.

Call for Consultation: tel: +16469218900