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 […]
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 […]
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. […]
The first red flag rarely looks dramatic. You may notice a line on your retirement statement that wasn't there before, or you might hear rumors about mismatched investment returns. People usually begin searching for answers about their ERISA accounts long before they realize their situation may match the criteria for an ERISA 401(k) Excessive Fee […]
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 […]
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 […]
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. […]
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 […]
You should get what you pay for—especially when it comes to short-term disability coverage. And if an insurer denies your disability claim after you suffer a debilitating injury, you don’t have to accept the first “no.” You can appeal the denial, and you may be able to file a short-term disability denial lawsuit under ERISA. […]
Insurance should make you feel safe—that’s its whole purpose. Long-term disability insurance can be a great safety net for employees by providing them with financial support when their health prevents them from working. However, the safety net doesn’t work if your provider denies your claim. Many South Carolina residents with legitimate long-term disability claims might […]