ERISA / Non-subscriber

"We got everything we asked for and I ended up with a lot more money than I thought I could get. If anyone needs a super lawyer, hire Eric Marye because he is the best.” Carolyn Moreno

“When my wife was killed by an eighteen-wheeler, my family and I hired Eric Marye. Not only was he a great lawyer, but he also became a friend.” Milton Jensen

“I was in a one-car accident on the job and had a head injury so I couldn’t remember what happened. Eric Marye found two witnesses and sued my company. My life would be much different if I hadn’t hired Eric Marye’s firm.” Robby Thomas

“I hit an 18-wheeler that ran a stop sign on a highway in Louisiana. Eric Marye settled my case for almost two million dollars! I am getting a check each month for the rest of my life.” Lusty Harris

“I got hurt on a cotton gin when the rollers on the condenser unit caught my arm and pulled me into the machine. Eric Marye and he worked on my case for about two years. He got my medical bills paid and I am getting a check every month from the insurance company for the rest of my life.” Jerry Alvarado

The term ERISA stands for the federal Employee Retirement Income Security Act of 1974. This law regulates standards for benefits that employers may provide to their employees, such as medical, long-term disability (LTD), short-term disability (STD) or death benefits. Originally, the law was created to ensure that employees received pensions or other benefits promised by their employers, and to establish consistent guidelines across states.

If your employer provides such benefits, you may pay for what you think of as health “insurance” provided by your employer. However, what you actually have is health coverage under your employer’s benefit plan. The insurance company (Blue Cross Blue Shield, Aetna, etc.) is acting as a third-party administrator for your employer’s plan – essentially you are covered by your employer, not the insurance company.

ERISA often complicates the process when an employee suffers a work injury and the insuring company tries to deny benefits – or when the employee sues a third party for damages (such as the manufacturer of a piece of faulty equipment used at work) and also receives medical treatment under their employer-provided plan. If you are hurt and receive medical care from your health plan, and then win damages from a lawsuit, the plan may try to recover some of the money awarded to you. The rationale is that the plan paid for your treatment and should be entitled to a cut of your compensation. Under Texas law, this rarely happened prior to 2007, but a landmark case during that year established precedent for recovering those awards.

Because ERISA cases are so complex, many attorneys choose not to take them on – and won’t represent injury victims affected by ERISA regulations. If you have an ERISA work injury case, you must retain legal representation from a firm with specific experience in this area to ensure your rights – not those of the insurer – receive protection.

Non-subscribers are employers that elect not to subscribe to or carry workers’ compensation insurance. This means that if you work for a non-subscribing company and suffer injury, your employer may be the one providing for the medical care you need to recover from injuries sustained on the job. This also means that if your injuries are a direct result of your work, you may be able to file a personal injury lawsuit against your employer. However, you must be able to prove your employer’s responsibility for the injury and fully demonstrate the extent of your harm. Your employer may dispute liability and the severity of your injuries.

If you’ve suffered from a serious injury that is covered by ERISA laws, you need a law firm with the relevant ERISA/non-subscriber experience to take on those tough cases, and the client dedication to ensure your rights and interests come first. Contact The Law Offices of Eric H. Marye & Associates for a free case review at 888-483-9072 or submit a claim online.