ERISA is a federal law that sets standards for retirement and health benefit plans for private industries. While employers are not required to establish retirement and health plans, once they do, they must meet certain minimum standards.
ERISA Law & South Carolina Workers
South Carolina employees face complex state and federal laws for health coverage, medical leave, pension plans, employee retirement and disability benefits — especially for claims that fall under ERISA, or the Federal Employee Retirement Income Security Act of 1974.
If you have questions about your rights under your ERISA plan, or are in a dispute over benefits, contact the Louthian Law Firm today. Time is of the essence — there are time limits to all claims under the ERISA statute, and nearly every stage of the claim is subject to a strict time deadline.
What Do ERISA Plans Cover?
ERISA plans cover retirement, health and other welfare benefits, including life and disability policies. Under ERISA laws, the individuals who manage plans must meet certain standards of conduct and make detailed reports to the government and plan participants. Other provisions make sure that plan funds are protected — and that plan participants receive the benefits they are entitled to.
ERISA has been expanded in recent years to include new health laws. The Consolidated Omnibus Budget Reconciliation Act of 1985, or COBRA, amended ERISA to provide for continuing health care coverage for employees and their beneficiaries for a limited period of time, often after the employee leaves a job. The Health Insurance Portability and Accountability Act of 1996, or HIPAA, provides greater portability of health care coverage for employees.
Other important amendments include the Newborns’ and Mothers’ Health Protection Act, the Mental Health Parity Act, and the Women’s Health and Cancer Rights Act.
ERISA creates a complex legal process when an employee suffers an injury, illness, or disability and the insuring company tries to deny benefits. Surprisingly, many disability insurance companies and health insurance companies engage in strategies to deny, rather than promptly pay, legitimate claims. These companies often try to use the complexities of the ERISA law to their procedural advantage. It is our goal to level the playing field by skillfully guiding our clients through the claims process.
Have Questions About an ERISA Claim? Contact Us Today
The South Carolina ERISA lawyers at the Louthian Law Firm, P.A., have experience with ERISA actions, as well as Social Security Claims and Employee Disability Claims. For experienced help in ERISA claims, contact the Louthian Law Firm today toll free at (803) 454-1200, or use our online form for an evaluation of your case.