Abogados de Employee Benefits

Employee Benefits Lawyers in the United States

Employee benefits law governs the plans and programs employers offer their workers — from health insurance and retirement accounts to disability coverage and stock options. These plans affect millions of Americans, yet disputes arise constantly over denied claims, mismanaged funds, and employer violations. An employee benefits lawyer helps workers protect what they've earned.

What Employee Benefits Law Covers

Most employer-sponsored benefit plans fall under the Employee Retirement Income Security Act (ERISA), a federal law that sets minimum standards for pension and health plans in the private sector. ERISA governs how plans are funded, managed, and communicated to participants. It also gives employees the right to sue for benefits they were wrongfully denied.

Beyond ERISA, this practice area covers 401(k) disputes, pension plan terminations, long-term disability claim denials, severance agreement negotiations, and executive compensation packages. Lawyers in this field also handle cases involving fiduciary duty breaches, where plan administrators fail to act in the best interest of plan participants.

When to Hire an Employee Benefits Lawyer

• Your employer or insurance company denied your disability or health insurance claim under a group plan
• You believe your pension or retirement benefits were miscalculated or improperly reduced
• Your employer failed to properly fund or manage your retirement plan
• You're a business owner designing benefit plans and need to ensure federal compliance
• You received a lump-sum buyout offer for your pension and need to evaluate whether it's fair

How the Process Works

ERISA requires you to exhaust all administrative remedies before filing a lawsuit. That means you must first appeal a denied claim through the plan's internal review process. Most plans allow 180 days for this appeal, and the insurer typically has 45 days to respond.

If the appeal fails, your lawyer can file suit in federal court. ERISA cases move faster than many civil lawsuits — courts often decide them based on the administrative record alone, without a jury trial. According to Department of Labor data, ERISA-related lawsuits number in the thousands each year, and about 60% of long-term disability denials that reach litigation result in settlements.

How Benefits and Compensation Are Calculated

• Back benefits — the total value of benefits wrongfully withheld from the date of denial through resolution
• Future benefits — ongoing monthly payments restored under disability or pension plans
• Interest on unpaid retirement contributions or improperly invested plan assets
• Reinstatement of health coverage and reimbursement for out-of-pocket medical costs incurred during a wrongful denial period
• In fiduciary breach cases, recovery of plan losses caused by mismanagement, returned directly to the plan for all participants

Frequently Asked Questions

Can I sue my employer for denying my benefits claim?

Under ERISA, you can sue in federal court after completing the plan's internal appeals process. Your claim is against the plan itself, not necessarily your employer directly. Remedies typically include the denied benefits plus interest, though punitive damages are generally not available under ERISA.

How long do I have to file a lawsuit after a benefits denial?

ERISA doesn't set a single statute of limitations. Instead, courts look at the plan documents, which often specify a deadline — commonly one to three years from the final denial. If the plan is silent, the court applies the most analogous state limitations period. Missing this window means losing your right to sue entirely.