Tittle & Perlmuter Personal Injury Attorneys

Sandusky ERISA Lawyer

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The Employee Retirement Income Security Act (ERISA) is a critical piece of federal legislation for anyone who participates in a plan provided by their private employer. With only a few exceptions, this Act governs many healthcare, pension, and retirement plans in the United States, guaranteeing specific rights to employees and imposing strict restrictions on plan fiduciaries.

Unfortunately, not every employer adheres to the rules established by ERISA. If you believe your employer has violated this federal legislation, reach out to a Sandusky ERISA lawyer at Tittle & Perlmuter. With help from a knowledgeable attorney, you may be able to hold a negligent or fraudulent fiduciary liable for the financial harm you suffered.

 

Employer Duties Under ERISA

When a retirement, pension, or healthcare plan is subject to ERISA, the parties responsible for providing and maintaining them must provide all participants with information about what is covered, where its financing comes from, and how grievances can be filed if needed. It is important to note that any employer or entity that manages an ERISA-regulated plan owes a fiduciary duty to those enrolled in it. In other words, they have a legal obligation to act in the best financial interests of the participants at all times while dealing with plan assets.

However, there are several common ways that employers and/or fiduciaries might violate ERISA regulations, including:

  • Misusing plan assets for personal gain
  • Mismanaging plan assets in a way that results in avoidable losses
  • Inappropriately denying benefits to qualifying current or former employees
  • Interfering with an employee’s rights under ERISA
  • Retaliating against an employee who utilizes their ERISA rights

Any employee in Sandusky who suspects their rights were violated should get in touch with an ERISA attorney as soon as possible.

 

Seeking Recovery for Financial Losses

In addition to potential criminal penalties, entities found guilty of ERISA violations may be subject to significant civil sanctions as well—specifically, reimbursement of losses experienced by plan participants. Through a successful lawsuit filed with an experienced legal professional, a Sandusky employee might be able to recover compensation for lost benefits resulting from negligence or fraud by a plan fiduciary. They may also be entitled to payments for interest on temporarily denied benefits and any applicable attorney’s fees.

Generally, fiduciary mistakes and losses due to incompetence are not punished as harshly as intentional malice or fraud. Accordingly, the specific amount that an individual plan participant could recover through this type of claim varies from case to case. An ERISA lawyer at Tittle & Perlmuter could review the particular circumstances of a Sandusky employee and provide an estimate of recoverable damages.

 

Meet with a Sandusky ERISA Attorney to Learn Your Rights

Despite the significant civil and criminal penalties that accompany violations, employers and fiduciaries in Ohio sometimes fail to live up to the ERISA standards. However, if you are negatively impacted by a violation as a qualifying plan participant, you may have legal options available to you for pursuing civil recovery.

An experienced Sandusky ERISA lawyer could discuss what may be possible in your situation during a confidential consultation. Call today to meet with a qualified legal professional at our firm.

Frequently Asked Questions

How do I know whether I have a case?

Most Ohio compensation claims are based on negligence. That’s a legal term that means acting carelessly in a way that puts others at risk. Even if it was an accident, you may have a strong case. Ask us for a personalized case review.

How much time do I have to file a lawsuit?

Generally, if you are bringing a car accident or other type of general personal injury case, you have two years to bring a lawsuit. However, in medical malpractice or nursing home neglect cases, generally, the statute of limitations is only one year. Always contact a lawyer as soon as possible if you have been injured.

How will my lawyer determine the value of my case?

Each case value is determined individually. To determine the value of the case, your lawyer looks at several factors. They evaluate your financial losses and severity of injury. They factor in the strength of the legal claim and ways to collect your compensation.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, seek medical attention. Follow healthcare guidance. Keep records of medical care received, and ways that your injuries have impacted you. Don’t discard or alter tangible items that may be relevant, like torn clothing or broken objects. Involve a lawyer as soon as possible.

Tittle & Perlmuter

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