ERISA is a complex federal law governing employer-provided benefits. It provides strict rules regarding how they are administered and dictates processes for appealing denied claims. If your appeal is denied at administrative hearings, you may have the right to file a lawsuit against those involved. Our Chicago ERISA litigation lawyer explains who can be held liable for financial losses you suffer in this type of claim.
The Employee Retirement Income Security Act of 1974 (ERISA) governs health and wellness benefit programs offered by employers. While each state has its own rules and regulations governing employer-provided benefits, ERISA simplifies the matter by providing a single set of federal rules which everyone is required to follow.
Policies and procedures under ERISA dictate the following:
While ERISA aims at maintaining uniformity when it comes to how employer-provided benefits are handled, the question of who may be held liable in an ERISA lawsuit varies.
Under ERISA Section 502(a)(1)(B), any plan participant may be entitled to file a lawsuit through the local federal court seeking to appeal denied benefits. In some cases, monetary judgments can only be ordered against the benefit plan as an entity and may not be enforced against an individual party unless you can prove their actions violated policy terms and ERISA rules and regulations.
In other cases, anyone involved in the decision-making process can have a judgment enforced against them. This includes:
Filing an ERISA lawsuit is a complex process, but may be the only way to get the benefits you are entitled to. To discuss who can be held liable in your specific cases, request a consultation at the Law Offices of Michael Bartolic, LLC. Call or contact our Chicago ERISA litigation lawyer online today.