Employee Benefits

You may have purchased a private disability insurance policy or are currently covered by your employer sponsored disability insurance plan. Your rights as a policyholder under those two types of disability insurance scenarios can be very different from one another. Some policies fall under the federal ERISA law and other policies fall outside this law which dramatically affects your rights and remedies.

If your policy falls outside the federal ERISA law you can file a lawsuit that seeks coverage benefits as well as punitive and consequential damages from your insurer for bad faith.

If your policy falls underneath the federal ERISA law you cannot file a lawsuit against your insurer until you go through what is referred to as the administrative appeals process. Also, if you do eventually file a lawsuit against your insurer punitive/other damages are not allowed.

Call Aretsky & Arestky today for a free assessment of your claim.