ERISA Claims

It was once not uncommon for employers to offer robust pension plans so their employees could be ready when the time for their retirement arrived. They were a reward for loyalty and created strong relationships between the employer and employee. With the rise of other forms of retirement plans, usually not provided by employers, pensions became less common, but more desirable.

The Employee Retirement Income Security Act of 1974 or ERISA is primarily the federal government’s endeavor to protect the rights of an employee with a private pension or health care plan in terms of the fiduciary responsibility of the employer or plan administrator. The concept of watchdog legislation for retirement benefits came into being with the failure of the defunct Studebaker Corporation to properly manage and fund the pension plan, leaving a majority of the employees with a fraction of what they should have gotten, or none at all.

ERISA does not compel private industries to set up a pension or health care plan for their employees; it merely ensures that those that do establish such plans can deliver on what they promise. ERISA ensures the availability of the expected funds to employees upon retirement by regularly monitoring the financial management of these plans and requiring insurers to be transparent in their dealings with their planholders.

However, aside from fiduciary responsibility, it is also within the mandate of ERISA that pension or health care plan providers which wrongfully deny, delay or undermine payments to their policyholders can be held civilly liable for insurance bad faith. ERISA claims can be legitimately made by retirees or those who may have survivor benefits when they are denied disability, health care, or retirement benefits they have been promised as part of their employee benefits. In effect, ERISA provides the bullets in which any attempt of the insurer to shortchange their plan holders can be shot down.

Unfortunately, dealing with insurance companies determined to stick to their guns can be very complicated, typically beyond the understanding of laypersons and even some lawyers. It is important to retain the services of a lawyer whose specialty is in insurance bad faith and ERISA claims in order to effectively address the legitimate financial and health claims of a retiree.

According to the website of this Wyoming ERISA claims lawyer , a prepared and experienced attorney will know how to fight an insurance bad faith case effectively. It is imperative that all of the evidence be compiled and presented in a way that is congruent with what a court of law will find convincing. This will entail a lot of documentation that the average person may not consider.

For those who have been hurt because of insurance bad faith, contacting a insurance law attorney is essential. A lawyer will be able to help you through your case and can make sure that you get the compensation that you deserve.

3 Comments

  1. Criminal defense is serious business and I am grateful that someone is writing about it.

  2. Do you have a facebook where I can see more posts like this?

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