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Blog | ERISA and Disability Rights and Benefits | Alabama | The Martin Law Firm, LLC

Is it an ERISA case?

Posted by David P. Martin | Jan 06, 2021 | 0 Comments

Do you have an issue and aren't sure whether it is covered by ERISA?

Are you concerned that ERISA might somehow come into play in a claim that you are evaluating, whether it's an employment matter, workers' compensation, or personal injury?

Is it unclear what effect ERISA could have on the case that you are considering? Your concerns are legitimate and well-founded. ERISA can preempt what would otherwise be a state court claim, and you can find the rug quickly pulled right out from under you.

Don't worry. We will gladly screen your case for you and with you, and it doesn't cost a thing.

The vast majority of our cases come from other lawyers. We regularly review cases to identify any ERISA claims which may be lurking in your facts. If there are, we can take it from there (if you want). No more worries for you. And, you get the added benefit of a referral fee.

As you know, ERISA can preempt many claims which arise from or through employer-provided benefits and benefit plans. These cases can involve life insurance, disability, health insurance, retirement plans, pensions, and the like. Even if you don't make a claim under ERISA, the defendants can cloak themselves in ERISA, and you'll find yourself in another venue as they pound your round peg into ERISA's square holes. And, if ERISA applies, the deadlines and procedures for making claims can be short, confusing, and a surprising death knell to what one would think is an otherwise legitimate claim.

Please call us. Frankly, we'd simply love to hear from you. Like you, we are still working hard during this difficult time, just without the array of personal contacts that we typically have. So, all calls are welcomed and encouraged!

About the Author

David P. Martin

Senior & Managing Attorney


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