How Do I Know If My Disability Plan is Regulated by ERISA?
With all the different varieties of Delaware disability plans out there, your disability benefits supplied by your employer may not always be covered by ERISA. This means you may not receive certain benefits depending on where you work and how your employer handles disability plans for employees in Delaware. This is why it can be helpful to ask your employer questions about this. You can all talk with a Delaware ERISA Lawyer to find out.
WHAT DELAWARE DISABILITY PLANS DOES ERISA REGULATE?
ERISA is designed to protect employee rights to a minimal amount of disability benefits, but ERISA does not cover all employees depending on where they work and what their employers have set up as the disability plan system. When it comes to Delaware employer disability plans, different employers operate with different plans and some employers may not be regulated by ERISA. Knowing the difference requires looking at what ERISA does cover.
The majority of private companies in Delaware are regulated by ERISA when it comes to employee short-term and long-term disability insurance. Types of companies that are usually not regulated by ERISA includes federal, government, and state-based employers. Some church employers may not be regulated by ERISA either. This means that if you work at any of these places, your disability benefits might come with different rights and rules.
Knowing this can be important for understanding what rights you have and do not have under the disability plans provided by your employer. This can help you take the legal steps necessary when you have been wrongfully denied disability benefits. Some employers may also face delayed disability benefits. In either case, a disability lawyer can help.
DEFENDING YOUR ERISA RIGHTS IN DELAWARE
If you know your employer is regulated by ERISA, the next step is to figure out whether all your Delaware ERISA rights are being upheld and not ignored. This can happen in some cases and can leave many employees without the benefits they need. One of the first benefits you have under ERISA is being informed by your employer of the specific benefits they provide under their unique disability plan.
ERISA also ensures that all employees receive a minimal amount of disability coverage that is designed to help pay for food, shelter, clothing, medical expenses, and other life necessities. When you are not given the benefits you were promised, ERISA also gives you the option to file an appeal or sue. Disability claims under ERISA must be processed in a timely manner. If you do qualify for disability benefits, your employer is expected to provide you with a copy of your disability benefits plan.
ERISA LAWYER IN DELAWARE
Being denied ERISA rights is not something you should have to put up with. You can fight back with the help of an experienced ERISA attorney in Delaware who can help you collect the evidence you need for a strong appeal or lawsuit, depending on your situation. Call Edelstein Martin & Nelson at (302) 295-5050 for a free consultation today. Our legal team of Delaware ERISA lawyers is located in Wilmington, Delaware.