With relatively few exceptions, employers in the United States who provide retirement, short- and long-term disability, life insurance, and healthcare plans for employees are subject to the Employee Retirement Income Security Act (ERISA) regulations. This piece of federal legislation essentially works as a code of conduct for the fiduciaries responsible for operating these plans—unfortunately, a code that not every plan administrator follows.
If you are missing out on benefits because your employer or plan administrator is failing to comply with ERISA regulations, you may have grounds for legal action that one of our seasoned employment attorneys can help you utilize. By working with a dedicated Lakewood ERISA lawyer, you can move forward with your claim knowing that your legal best interests and future financial security are both in capable hands.
ERISA imposes what is known as a “fiduciary duty” on plan administrators, which means the administrators have a legally enforceable obligation to prioritize the best interests of plan participants over their own financial benefit. ERISA also sets out rules regarding the information plan fiduciaries and employers must disclose to plan participants.
Anyone who receives retirement, short- and long-term disability, life insurance, or healthcare benefits governed by ERISA is entitled to receive complete and accurate information about what his or her specific plan covers, enrollment in the plan, and how the plan works if employment terminates.
ERISA also guarantees its participants the right to pursue claims against fiduciaries and employers who negligently or intentionally deny them the benefits they are owed. A skilled Lakewood attorney can provide crucial assistance in identifying the source of an ERISA violation and in taking action to address it.
There are various ways a plan participant may bear the consequences of an ERISA violation by his or her employer or plan administrator, including:
Any of these situations may serve as grounds for litigation, as an ERISA lawyer in Lakewood will explain in detail during a private consultation. However, this is generally a last resort only available after all administrative remedies have failed to resolve the issue.
Through a successful claim, an affected plan participant may be eligible to recover not just for the face value of lost benefits but also for other current and future effects of an ERISA violation. This may include but is not strictly limited to interest accrued on wrongfully denied benefits, attorney’s fees, and potentially additional compensation for losses related to intentional malice.
Violations of ERISA regulations can have dramatic and even life-altering consequences for individuals who depended on their employer-provided healthcare, short- and long-term disability, life insurance, or retirement plans for much-needed benefits.
Seeking help from a knowledgeable Lakewood ERISA lawyer should be a priority for anyone who suspects his or her benefits have been mismanaged in any way. Schedule a consultation with a member of the Tittle & Perlmuter team today to get started.