Employer-provided health benefit plans are governed by the Employee Retirement Income Security Act (ERISA). When a person suffers an injury due to the fault of another, and he or she obtains medical benefits from an ERISA plan, that plan may be able to make a claim to all or a portion of the injury victim's personal injury settlement or award.
Handling ERISA subrogation claims is a complex process that requires in-depth knowledge of subrogation law and ERISA statutes. Personal injury firms across the nation have relied upon Magruder Law for experienced guidance in defending against ERISA liens and subrogation claims.
ERISA Subrogation Claims
In handling ERISA subrogation claims, we consider a number of questions in determining the extent of reimbursement the plan is entitled to, if any. For example:
- What does the plan language say? We will carefully examine the language of the ERISA plan to determine if it specifically states that reimbursement is to come from the personal injury claimant's recovery.
- Does the "made whole" doctrine apply? Under the "made whole" doctrine, the accident victim must be fairly compensated and made whole before an ERISA plan can be reimbursed. Whether or not the made whole doctrine applies requires a careful reading of the plan language and thorough investigation of the applicable federal and state law.
We will explore all potential defenses when handling your ERISA subrogation claim. Our firm is dedicated to handling these time-consuming legal matters for personal injury attorneys, so they can focus on securing maximum compensation for their clients.
Contact a Kentucky Subrogation Claims Lawyer
If you are a personal injury attorney seeking the counsel of an experienced ERISA subrogation lawyer, please contact us online or by telephone at 502-690-6611. Located in Louisville, Kentucky, we handle a broad range of subrogation law matters for clients throughout the nation.