What Are the Differences Between ERISA and Workers' Compensation?

ERISA Benefit Denials

Workers' compensation is a valuable protection for the thousands of workers that are injured each year while on the job. There are other legal protections that are available to injured workers, as well. One of these protections is the Employee Retirement Income Security Act (ERISA). There are important differences between the two protections, however, which can help employees determine what the best type of claim is for their case.

What is Workers' Compensation?

Workers' compensation is a state-mandated program that requires payments to be made to employees who are injured or disabled due to work related injuries and are unable to work. Workers' compensation generally covers:

  • Medical care related to the injury or illness
  • Replacement income
  • Costs for retraining
  • Compensation for permanent injuries
  • Benefits to the family of workers who die due to a work accident

Workers' compensation does cover long-term and permanent injuries. These can include illnesses and conditions that are developed over many years, such as carpal tunnel syndrome.

What is ERISA?

ERISA is a federal law that sets minimum standards for many voluntarily established benefit plans in private industry. These standards are intended to protect the employees who are enrolled in these plans.

ERISA requires multiple protections to be established, including:

  • Requiring plans to provide participants with information about plan features and funding.
  • Providing fiduciary duty for managers of plan assets.
  • Requiring an established claims process for participants who need to claim benefits.
  • Giving participants the rights to sue for benefits or breaches of fiduciary duty, after the administrative processes have been exhausted.

Have Questions? Speak to a Long Term Disability Lawyer -

Receiving the benefit you deserve due to an injury or illness can be difficult. Our ERISA attorney is ready to help you obtain your rightful disability benefits. At the ERISA Law Center, we understand the difficulties you are facing, and we are prepared to fight for youto ensure that you receive your long term disability benefits.

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