ERISA and Long Term Disability Laws

Whether you know it or not, if ever you suffer an injury that results in a disability, the you will become very acquainted with ERISA long term disability laws. 

What is ERISA? 

The acronym ERISA stands for Employee Retirement Income Security Act.  This act was passed in 1974 with the intent of protecting the employee benefits.  ERISA in effect, regulates employee benefits in private industry, because long term disability coverage is considered a benefit provided to employees. In private industry an employer sponsors the long term disability insurance for their employees.

ERISA Rules

ERISA regulations mandate that certain requirements must be fulfilled on behalf of the claimant of long term disability benefits, prior to a claimant being able to file a suit in court.  This is an integral part of the claims process.  Regardless of how or where you suffered the injury that resulted in the disability, long term disability insurance will still be covered. 

The problem arises when a long term disability claims are denied.  ERISA regulation should then kick in, however often times this is not the case.  Since disability insurance companies make the final decision whether to accept or reject a disability claim, there use to be a time when a claimant whose claim was rejected could file a suit with the local courts.  However, ERISA rules and regulations have changed and now the courts have eradicated jury trials for ERISA cases. 

Hearing ERISA Cases

Currently ERISSA cases are heard and decided upon by a federal court judge.  Therefore ERISSA rules and regulations take precedence over any former state laws that used to be able to provide high levels of protection to employees who were prey to insurance companies unjustly denying disability claims.  It was under state jurisdiction that an employee had the right to a jury trial which would have allotted them the opportunity to receive damages as a result of the unjust ruling.  This, as was mentioned above, has been eradicated, and ERISA regulatory practices are no longer judged on the state level.It is under ERISA law that insurance companies have the right to decide whether or not a claimant is actually disabled.  This is quite problematic because insurance companies have the right to have claimants re-examined by a doctor of their choosing in order to either validate the claim or to err on the side of the insurance company so that the claim can be denied.

Getting Legal Help

If you feel that your disability claim has been wrongfully rejected, then you should speak with a disability litigation lawyer directly.