Most long-term disability case involve insurance coverage that falls under the Employee Retirement Income Security Act, often called ERISA. When a private, non-governmental employer offers a long-term disability plan as part of an employee benefits package, that plan is typically governed by ERISA. If an ERISA claim for long-term disability benefits is denied and the insured completes the insurance company’s …
Pursuant to ERISA, a federal law that governs employee insurance benefits provided by private employers, plan administrators have an obligation to provide plan documents when an employee becomes covered by an insurance plan or upon written request. If the plan administrator – usually the employer – fails to provide these documents, then the plan administrator could be liable for penalties. …
The Employee Retirement Income Security Act is a federal law that governs claims for benefits under most insurance plans sponsored by private employers. ERISA provides a cause of action for the denial of benefits in 29 U.S.C. § 1132(a)(1)(B). It also provides for a cause of action for breach of fiduciary duty in 29 U.S.C § 1132(a)(3). The latter provision …
The Jones Act provides maritime workers with special avenues of recovery and other special protections. In passing the Jones Act, Congress recognized that working on a vessel is an unusually dangerous job than can lead to serious disability and injury. Some maritime workers will not be considered Jones Act seamen by courts, but their claims will still be governed by …
Accidental Death & Dismemberment (AD&D) insurance is an important planning tool families use to protect against the consequences of the accidental death of a loved one. In addition, these policies often cover loss of a limb, hearing, or vision due to accident, losses which can seriously affect earning capacity. These policies can be sold by themselves or as a rider …
Long-term disability insurance is often offered as part of an employee benefit package. Some people purchase long-term disability coverage directly from insurance companies or through an insurance broker. Long-term disability policies sponsored by a private employer are governed by a federal law called the Employee Retirment Income Security Act (“ERISA”). If a policy issued in Louisiana is purchased by an …
It can be extremely traumatic and stressful when a loved one passes due to the negligence of someone else. Often, bills start piling up, and if the deceased provided financial support to dependents or other family members, a family’s financial future could be a stake. It is important to act quickly to hold the negligent party and its insurer responsible, …
If a loved one dies due to the negligence of another person, company, or organization in Louisiana, it is important to quickly contact a qualified personal injury and wrongful death attorney. Louisiana has strict deadlines for the filing of legal actions (generally one year from the date of the death), and it can often take a significant amount of time …
The U.S. Court of Appeal for the Eleventh Circuit recently reversed the decision of a federal district court affirming Unum Life Insurance Company of America’s (“Unum”) decision to terminate a former pharmacist’s long-term disability benefits. The plaintiff beneficiary in the case was employed as a pharmacist from 1996 until 2016, when she suffered an accident at work that injured her …
In a recent decision dated May 25, 2022, Judge Brian A. Jackson of the U.S. District Court for the Middle District of Louisiana entered a default judgment in favor of Plaintiff Baton Rouge Sheet Metal Workers’ Union #21 Pension Fund in a suit against a woman who accepted pension funds not owed to her. Judge Jackson is an appointee of …