Explaining New York ERISA Claims
One employment law fact that may shock many workers is that neither federal nor New York state law requires employers to provide any kind of benefits (such as health insurance, workers’ compensation, pensions, and scholarship funds, among others). If an employer chooses to offer benefit plans, however, they must do so in compliance with a federal law known as the Employee Retirement Income Security Act (ERISA). If you have a dispute with your employer over benefits, you may choose to file an ERISA claim to try and receive what you believe is your due.
Expansive – But Can Be Confusing
While ERISA does not require employers to offer benefits, it does establish certain standards for how benefit plans should be managed if the employer chooses to provide those benefits to their employees. The law’s protections cover everything from disclosures to conduct to reporting and accountability, and generally make employers much more careful when looking to make changes to their benefit plans. ERISA violations may not be very expensive to some employers, but the time and trouble it takes to fix them can deter anyone from acting wrongly.
While ERISA is fairly straightforward in terms of the types of benefits it protects, there are little details that can make it very difficult and confusing for the average person to try and bring a claim on their own behalf – to say nothing of the fact that in some cases, particularly those involving accidental injuries, New York state law can conflict or create problems for those seeking compensation. Disability claims are another area where a conflict of laws may occur; these must be straightened out before your case can proceed.
Many Potential Ways To Seek Compensation
If you believe that you have been denied compensation that you have a right to receive, you have several options to try and recover what you are owed, but the specific facts of your situation will affect which one is the best choice for you. There are three separate agencies that collectively oversee ERISA – the Internal Revenue Service (IRS); the Employee Benefits Security Administration (EBSA), which is a division of the Department of Labor; and the Pension Benefit Guaranty Corporation.
Be advised that you will generally not be able to file suit until the relevant agency has investigated your claim sufficiently. Those who file claims based on loss of benefits will see their insurer investigate and determine whether or not you received the relevant benefits, and once that process (and/or an appeal) has been exhausted, only then will you be allowed to file suit if a case still exists. An experienced attorney can help with filing your claim.
Contact A New York Employment Discrimination Attorney
ERISA claims can be confusing and complex, and very often come at a difficult time in a person’s life. If you have concerns or questions about your claim, consulting a knowledgeable New York City employment discrimination attorney from Mansell Law, LLC can help to get them managed. Call our offices today at (646) 921-8900 for a free consultation.
Source:
dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/fact-sheets/what-is-erisa
