Elkins ERISA Lawyer

Dealing with disputes regarding employee benefits could be difficult when it comes to understanding complex federal laws. If your current or former employer has denied you of your deserved benefits, consider reaching out to an Elkins ERISA lawyer who could fight for your rights against your employer, their benefits administrator, and the insurance company. A local employment attorney can explain the relevant laws to you and work with you to obtain you the maximum possible benefits that you deserve under federal law.

What is ERISA?

The federal law known as the Employee Retirement Income Security Act of 1974 (ERISA) governs many different benefits to employees. ERISA covers employee benefit plans by all types of employers, other than churches and government entities. ERISA protects employees who participate in plans provided by private industry employers. It also sets forth minimum standards for retirement and health plans.

ERISA covers various types of retirement plans, such as 401k plans, pension plans with specific benefits, and employee stock ownership plans (ESOPs). In addition to retirement plans, ERISA also covers other employer-sponsored benefit programs, such as medical, life, and disability insurance.

What Rights does ERISA Provide to Elkins Employees?

ERISA protects Elkins employees who receive benefits from their employers as part of their jobs and provides employees and former workers with certain rights, including:

The Right to Set Up a Grievance

If an employee believes that their employer has mistreated them concerning their benefits, ERISA grants the employee the ability to appeal.

The Right to Sue for Earned Benefits After an Employer Denies Them

If an employee is unable to work because of a health problem, they could seek to use their long-term disability benefits. If the employer denies those benefits, ERISA grants the employee the ability to sue their company for payment.

The Right to Sue for an Employer’s Breach of Fiduciary Duty

Elkins employers have a fiduciary duty to administer benefits fairly. As part of that duty, employers must inform employees of any changes to the plans’ terms and benefits. If an employer fails to disclose a plan change timely, and that change negatively affects one of their employees, that worker could sue their company for breach of that fiduciary duty.

The Right to Temporarily Keep Health Insurance After a Job Termination

ERISA covers the continuation of health insurance after a job loss set forth under the Consolidated Omnibus Budget Reconciliation Act (COBRA).

Although ERISA grants employees these rights, it is not always easy for employees to access to them. Employers, their benefits administrators, and their insurance companies could have deep pockets and the resources to make it more difficult for employees to obtain their earned benefits. Skilled Elkins legal representatives have experience with ERISA litigation and can help fight those big companies and stand up for an employee’s rights.

Get in Touch with an Elkins ERISA Attorney as Soon as Possible

Employees have the right to obtain the benefits that they worked hard to earn. If your employer has denied you benefits, an experienced attorney could explain the laws to you and work to protect your rights.

ERISA laws and procedures are difficult to interpret and follow. An Elkins ERISA lawyer could work with you through every stage of litigation from the initial filing of the claim until you get the benefits that you deserve. They could aggressively fight to get you the benefits that your employer promised. Call today to learn more