Your source for the latest health, disability and Insurance news and tips

Who is covered under the Employee Retirement Income Security Act?

The Employee Retirement Income Security Act describes a number of laws at the federal level that are meant to protect workers who have profit-sharing, retirement, pension or health insurance plans provided by a private employer. Employers who fall under ERISA must provide certain information to employees, perform fiduciary duties as legally obligated and provide processes for grievance reporting and appeals when employees have issues with plans.

But not all employers who provide such plans are covered under ERISA. If you work for a federal employer who provides a retirement or pension plan, then you are not protected by ERISA. In fact, any type of government employee – whether federal, state or local – is not protected by ERISA if pensions or other plans are provided by those governments. If you are an employee covered by government plans, then you would not be able to file a claim under ERISA.

It’s important to note that ERISA law does trump state laws that relate to such plans and coverage. If a state law covers a private-employer provided plan, but that law contradicts something in the ERISA provisions, then ERISA provisions stand. This is an important distinction to understand if you are seeking protection under ERISA laws.

Why would you need to know if you are covered by ERISA? If you believe your employer or the administrator of any of your plans is not appropriately handing your funds and accounts – according to their fiduciary duty – you can file a lawsuit alleging such a complaint. You can also file an ERISA lawsuit if you believe you are not being provided with the appropriate benefits under you plan.

Source: FindLaw, “ERISA Violations: Penalties and Punishments,” accessed April 15, 2016

Our Promise To Our Clients:

  • FREE: Consultations and Insurance Case Evaluations Are Always Free
  • UNDERSTANDING: We understand how you feel. Our clients are often at the very bottom of their life, feeling emotionally, physically, and financially exhausted.
  • PASSIONATE PEOPLE: Our expert Attorneys and Dedicated Staff Love The Work We Do. We are Compassionate, Caring, and Results Driven.
  • UNPARALLELED RESOURCES: We will not be bullied or outspent by billion-dollar insurance companies or their army of lawyers. 
  • RESPECTED: We have fought and won the respect of every disability and Long-term care insurance carrier for our policyholders.
  • RESULTS: Frank Darras and his firms have recovered nearly a $1 billion dollars in wrongfully denied insurance benefits to date, and we put that proven track record to work for you and your family.

DarrasLaw is Americas' most honored and decorated disability litigation firm in the country. Mr. Darras has seen more, evaluated more, litigated more, and resolved more individual and group long term disability and long-term care cases than any other lawyer in the United States.

Request a Free, Confidential Case Review.
Skip to content