Cohen & Sinowski
Cohen & Sinowski

The Employee Retirement Income Security Act of 1974 (ERISA) and Its Impact on Personal Injury Cases in Georgia

  • Published: July 20, 2023

Common Defense Tactics, Fault, And Well-Defended Settlement CasesThe Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets standards for employee benefit plans, including health insurance and pension plans. Although ERISA mainly governs employee benefits, it can also have an impact on personal injury cases in various ways. In this blog post, we will discuss how ERISA can affect personal injury cases in Georgia and provide strategies for navigating ERISA-related issues when seeking compensation.

Understanding ERISA

ERISA is designed to protect the rights of employees who participate in employee benefit plans. One of the primary goals of the Act is to ensure that employees receive the benefits they have been promised. ERISA’s impact extends to health insurance and pension benefits, including the processing and payment of claims. It also establishes standards for plan administration, such as the requirement for plan administrators to provide notification to beneficiaries about the plan’s terms and complaint procedures.

ERISA’s Impact on Personal Injury Cases in Georgia

ERISA can affect personal injury cases when the injured party is covered under an employer-sponsored benefit plan. In such cases, ERISA may preempt certain state laws, including those that provide remedies for personal injury claims. This can restrict the amount a plaintiff can recover in damages. It is important to note that ERISA usually only applies to self-insured plans or “group” plans that are provided by an employer.

Challenges and Opportunities with ERISA in Georgia Personal Injury Cases

ERISA’s preemption of state laws presents a legal challenge for personal injury cases in Georgia. The law favors the interests of employee benefit plans and their administrators, which can lead to significant limitations on the amount that can be recovered by an injured party. Additionally, ERISA plans can be complex and language found therein may not be straightforward, which can present difficulties when attempting to navigate the terms of the plan.

Strategies for Maximizing Recovery in Georgia Personal Injury Cases involving ERISA

PartnersWhen dealing with a personal injury case involving ERISA, there are several steps that can be taken to protect the interests of the injured party. The first step is to gather evidence and identify the parties involved. This includes identifying the plan administrator. It is also essential to understand the scope and terms of the plan. This involves reviewing plan documents, including the summary plan description (SPD), plan documents and insurance certificates. Finally, negotiating with insurance companies and plan administrators is typically more effective when working with an experienced attorney.


If you have been injured in an accident and are covered under an employee benefit plan governed by ERISA, it is essential to be aware of the Act’s impact on your case. ERISA’s preemption of state laws can provide a challenge, but by working with experienced attorneys, you can navigate these legal complexities and achieve fair compensation. Contact Cohen & Sinowski, P.C. today for more information on how we can help you with ERISA-related personal injury claims.

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