ERISA Claims

ERISA Claim Questions? Contact ERISA attorney John Peace to schedule a free, fully confidential review of your case: (864) 485-6958 Many people have never heard of ERISA. If everything is going smoothly with your benefits, you have little reason to. But if you’ve started having trouble accessing your employee group benefits, ERISA might be your […]

Compensatory Damages

Claim compensation if someone’s negligence caused your injury. Calculate compensatory damages by adding actual and estimated costs, including medical bills, lost wages, and property damage. Each case is unique, so the compensation amount depends on your specific circumstances. Key Takeaways Two Categories of Compensatory Damages: Economic damages are objectively verifiable monetary losses (medical costs, lost […]

Employee Welfare Plans Are Not Subject to ERISA Regulations

The federal Employee Retirement Income Security Act (ERISA) regulates most retirement and health plans private employers offer employees. However, not every employee welfare plan falls under ERISA’s purview. Governmental entities, churches for their employees, and plans maintained solely for workers' compensation, unemployment, or disability laws are generally not covered by ERISA regulations. ERISA does not […]

short-term-disability

When employees cannot work due to non-work-related injuries, illness, or pregnancy-related complications, South Carolina short-term disability benefits can provide financial assistance. A short-term disability is defined as an illness or procedure that temporarily necessitates time off of work. Generally, an employer provides short-term disability benefits as part of their employee benefits package. It is also […]

South Carolina employees sometimes lose jobs shortly before their job-related benefits vest. Many wonder whether the employer acted legally. Often, the answer is no, according to ERISA Section 510. Fired before vesting problems arise when an employer fires or punishes an employee because the worker used, tried to use, or became eligible for workplace benefits. […]

A single paperwork slip by an employer or insurer can ripple into months of lost benefits for employees. Unfortunately, strict rules govern employee benefit plans, and mistakes by plan administrators are common. ERISA compliance errors range from procedural violations and missed deadlines to faulty plan documents, and they can put an employee’s health, life, or […]

Choosing the Right Venue for ERISA Litigation

When insurance companies deny disability claims, employees often face a second battle in federal court. Where employees file that disability case—the venue for ERISA litigation—can influence everything from convenience to strategy. ERISA allows multiple choices for venue, but not all options are equal. Understanding those rules and how courts interpret them helps employees know where […]

ERISA Disability Benefits

A sudden illness, a car accident, or a chronic condition can change everything overnight. When paychecks stop, disability insurance becomes more than a benefit: It’s survival. For most employees, those protections fall under the federal Employee Retirement Income Security Act of 1974 (ERISA).  If you have group disability coverage through work, your plan likely qualifies. […]

Denied Short-Term Disability Claim

You’re hurt, and you can’t work. You apply for short-term disability benefits through your employer, but then you get the letter no one wants to see: “Your claim has been denied.” What are the reasons your short-term disability can be denied? And what can you do about a denial? In many cases, you can answer […]